[Sussex] I don't see how what M$ are doing can be legal

[Steve Dobson]

Tony

On Thu, Nov 06, 2003 at 08:21:52PM -0000, Tony Austin wrote:
> I may have used the wrong wording to explain the situation. To provide
> systems, we are unable to supply without an operating system as this
> contravenes the agreement we have signed with Microsoft as we are licensed
> with them as an OEM provider. All systems have to comply with Whql (Windows
> House Quality Lab) driver stipulations that they set. You are correct in
> that you would have to purchase a system with a MS operating system and then
> remove. You point of that extra revenue is a common grievance particularly
> for those who wish to use Linux as this is free and has, shall we say a
> different philosophy to MS.
> If we were to contravene this licence agreement, MS are within their rights
> to remove the licence. We would then be unable to sell systems with their
> operating system which would prove, as you could imagine, a large
> disadvantage within the market place.
> 
> ---
> 
> Now, this sounds like a restrictive monopolistic practice to me.  M$ are
> saying to anyone that supplies computer systems, "If you want to be able
> to supply computers with M$ OS, you cannot sell computers without an M$
> OS".
> 
> I can't see how this can be legal.  Does anyone know what the legality of
> this is and if there is any way that it could be challenged?  If it can be
> challenged perhaps we are the very people to be doing it.
 
I can't see how this is legal either.  But does the UK/Europe have "Anti-
Trust" laws like the US?

I can see two possible solutions here:

1). Buy a kit.  Ask Evesham to sell you the parts (just one PCI board to
plug in would do it) that way it is not a "system" and therefore does not
need an OS.

2). Buy the system and then return the M$ OS and "Not fit for purpose".
I've heard that this has been done and a quick google has turned up the
following:
http://www.paulspages.co.uk/cv/s-news2.htm
http://www.control.com/994170564/index_html

Steve

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