New Microsoft contract orders PC manufacturers to stop selling hardware without operating system

Slashdot.org ^ | August 10, 2002

[HAL9000]

Dell No Longer Selling Systems w/o Microsoft OS

Posted by CmdrTaco on Saturday August 10, @01:17PM
from the yer-bringing-me-down-man dept.

Some Sys Admin sent in an email that he got from Dell which basically says Microsoft will no longer allow Dell to sell PCs without an operating system. Please note that Microsoft is not a monopoly, and does not use their monopoly power to squish competition in the market place. The message itself is attached below, and is worth a read, especially the last bit.

UPDATES

1. Effective 8/26 - New Microsoft contract rules stipulate that we can no longer offer the "NO OS" option to our customers beyond September 1st. As such all customers currently purchasing a "NO OS" option on either OptiPlex, Precison or Latitude for the express purpose of loading a non-MS OS will have the following options:

1. Purchase a Microsoft OS with each OptiPlex, Precision or Latitude system.

2. For OptiPlex and Precision - purchase one of the new "nSeries" products (offered for GX260, WS340 & WS530 - details in the attached FAQ) that are being created to address a different OS support requirement other than a current standard Microsoft OS.

We must have all "No OS" orders shipped out of the factory by September 1st. The "No OS" legend code and SKUs will be I-coded on 8/19 and D-coded on August 26th to ensure shipment of orders prior to September 1st. FYI - this effects all of our competitors as well.

[boris]

BTW, here is the letter I sent to Michael Dell:

=================================

February 28, 2002

Michael Dell
Chief Executive Officer
Dell Computer Corporation
One Dell Way
Round Rock, Texas 78682

Dear Mr. Dell:

I am writing to you about the recent issue between Dell and Jack Weigand of Weigand Combat Handguns. I have been a loyal Dell user for many years, and have recommended your firm to many colleagues and clients.

I am also a Life Member of the NRA and a shooter. And I support the Second Amendment of the Constitution.

I am writing to express my outrage over Dell’s treatment of Mr. Weigand—and by extension, all law-abiding gun owners. I have followed the story closely and I know the sequence of events. I know Dell has stated that the word, “Combat” in his firm’s name caused his order to be cancelled.

It is not Dell’s job to determine who is a criminal—or potential criminal—and who is “legitimate”. Mr. Weigand is—by all accounts—a law-abiding citizen, a person of integrity, and a businessman whose business serves those of us who cherish the right to keep and bear arms. Suppose I opened a business named “Jihad Child Care.” (I’m Jewish!) Would Dell deny me the ability to purchase one of your computers?

The bottom line is: Dell has lost me a customer—and I will no longer recommend your products to those who seek my assistance in choosing a PC. And I will do everything in my power to spread the story of your shameful treatment of Mr. Weigand to the many gun owners I know.

Sincerely,

Boris

Life Member, NRA
Member, Jews for the Preservation of Firearms Ownership
Member, Citizen’s Committee for the Right to Keep and Bear Arms
Member, Gun Owners of California
Member, California Rifle and Pistol Association

[dheretic]

If you have to go with a PC go with a Falcon NW or Alienware, they tend to be much better than what Dell offers. Dell's philosophy is slow, but reliable. They ain't got $hit on either of the aforementioned vendors. Alienware is also not a whole lot more expensive for a hell of a lot more speed.

[TechJunkYard]

Your clip only tries to show that Microsoft forced Gateway to always include Windows.

Read for comprehension... that's not what he's saying. The issue is Microsoft's restriction against selling naked PCs with NO operating system. And he's established that it was not only Dell which was restricted.

I know you're not so dense that you've missed the point, so it's apparent that you're trying to obfuscate the issue.

Won't work here, bubba.

[PatrioticAmerican]

This whole thread starts with the idea that Microsoft is looking for a loophole that allows them ensure every PC has thier OS. To the contrary. Microsoft is looking to keep companies from selling PC to people who steal their software and load it on naked computers. Dell, gateway, et all, can sell ANY OS on the computer, it just has to have one.

[AaronAnderson]

He probably has a hotmail account where 90% of the emails are spam since m$ sells email addresses to whoever will pay for them them according to their new EULA's

[TechJunkYard]

This whole thread starts with the idea that Microsoft is looking for a loophole that allows them ensure every PC has thier OS.

That's a separate issue, which was discussed on /. because of CmdrTaco's unfortunate choice of words in the title of his article. Some people here prefer to load their own OS on new hardware and resent having to pay for a license which will never get used. THAT is the issue. I don't see the word "loophole" anywhere on the first page of this post.

Dell, gateway, et all, can sell ANY OS on the computer, it just has to have one.

Yeah, ONE. Perhaps you can explain to me why Microsoft won't let OEMs sell any dual-boot PCs? Is that also a perceived piracy threat?

[Bush2000]

Hal, you're really going to have to try harder. That transcript doesn't show that MS wants Windows shipped on every PC sold. It says that MS wants an OS -- any OS -- on a machine sold by OEMs. It could be Linux. Or Solaris. Or Joe's OS. Or Windows. The choice is up to the OEM.

[Bush2000]

I love your research! The M$ shills are pretty pathetic.

You clowns should get a room.

[Bush2000]

Some people here prefer to load their own OS on new hardware and resent having to pay for a license which will never get used.

I wish that my PC came with a gold-plated case; unfortunately, Dell just won't sell me one.

[Bush2000]

Yeah, ONE. Perhaps you can explain to me why Microsoft won't let OEMs sell any dual-boot PCs? Is that also a perceived piracy threat?

You know, I can't figure out what's more pathetic. The whining of Linux zealots or their expectation that vendor have to jump when they whine...

[TechJunkYard]

Clearly, extortion by the Redmond Mafia which goes unpunished is the most pathetic. Next to that is the blind faith of the MS-lamic fanaticists like you.

[Bush2000]

Clearly, extortion by the Redmond Mafia which goes unpunished is the most pathetic.

Hahahahahah. Cry to your congressman.

Next to that is the blind faith of the MS-lamic fanaticists like you.

We're at an impasse. You say I'm a MS fanatic and I say you suck hard on Linus's sweaty jockstrap... /SATIRE

[Utopia]

Your clip only tries to show that Microsoft forced Gateway to always include Windows. That's a bit of a half-truth isn't it???

??? Both clips of testimony establish that you can put a different OS on a PC other than Windows. The article indicates that M$ is pressuring Dell to stop this practice. There was the suggestion in the first clip that M$'s paranoia for piracy is causing this behavior now -- there can't be any other explanation. If I want a Dell to install Linux, I shouldn't have to pay M$ any royalty whatsoever. That was a fact that was established in your second clip. That consumer choice is now apparently at an end. So if I want a Dell Computer on which I will install Linux after September, I have to pay for a copy of Windows which I don't want and will never use.

Explain to me how this is smart business (and legal).

Explain to me why I need to pay M$ anything when in this context, I've entered into a negotiation only with Dell. If my goal is to have an M$ free computer -- explain to me how it is legal for M$ to impose themselves in a sales contract that is between me and Dell?

No M$ shill can explain -- they all resort to insults.

[TechJunkYard]

NOW you're getting icky. 73. Out.

[afraidfortherepublic]

My Gateway died three months after the two-year warranty expired...

I never heard of a 2 year warranty on a Gateway. I own 15 of them, and they all have/had 3 year warranties. Only one is kaput (8 years old) and that is because one, or more, of the engineers around here was always upgrading and "fixing" it. They fixed it right out the door. I have a couple of 486 Gateways older than that -- although they are lightly used.

I've had wonderful service from all of the other computers, and when I had this place networked -- my consultant was highly complimentary of the Gateway architecture. On the other hand, my one and only HP (bought off the shelf in an emergency) has had 3 hard drives in 2 1/2 years and was a pain in the rear when it came time to install a network card and integrate it into the system.

[AFreeBird]

Check out Wally World....

Microtel SYSMAR809 PC With 2.0 GHz Pentium 4 and CD-RW

[New Item!]
$648.00
Availability: Usually takes 1 to 7 business days to process before shipping.
256 MB DDR memory
40 GB hard drive
CD-RW drive
Ethernet connection
56 Kbps modem
Mandrake 8.2 Linux OS
Monitor not included

Not a bad price... Windoze would have marked it up considerably.

Wally World Linux PC's

[Thud]

I bought it in January 1994 and it died in April 1996.

[BuddhaBoy]

Explain to me why I need to pay M$ anything when in this context, I've entered into a negotiation only with Dell. If my goal is to have an M$ free computer -- explain to me how it is legal for M$ to impose themselves in a sales contract that is between me and Dell?

Do you have Cable Television? If you do, I would guess that there are networks that you seldom watch. Maybe spanish speaking channels or CNN for hardcore conservatives?

Guess what? You have to pay for it anyway. You pay anyway because your Distributer has entered into an deal with their supplier, the networks. It is cheaper for the distributer to offer their service in packages(including some items you may not want) then to offer each product individually.

Your only choice, is to choose another distributer(Satellite), or go without. This is exactly the case with Dell(distributer) and Microsoft(supplier). Your options are the same. Go elsewhere, or do without.

[Utopia]

Do you have Cable Television? If you do, I would guess that there are networks that you seldom watch. Maybe spanish speaking channels or CNN for hardcore conservatives?

That's not the same thing. Cable TV is a service. A computer is a commodity. Once I buy the computer, its mine. So, in this context explain to me how M$ has the right to interject themselves into a purchase of a commodity that I will buy and own?

I do not own the Cable TV channels. I have no control over them (except to turn them off). A computer like a car or a refrigerator is - a commodity - a thing that I can take with me. If I want to buy a computer from a computer manufacturer, explain to me how M$, a software vendor has the right to interject itself into my purchase. I don't want an M$ OS, I don't want M$ products, I just want the "naked" computer. Explain to me why its legal for M$ to collect a fee from me when they are not party to the transaction?

[BuddhaBoy]

You are missing the point.

The software on your computer is also a SERVICE. You dont own it. All you have purchased, is the right to use it. You cant modify it, you cant even look at the source code. Read the EULA on Microsoft's software, and it is spelled out right there in black and white. It remains their property, and if you dont abide by the EULA(End User Licence Agreement), they can legally take it BACK from you, just like a Cable vendor can turn you off, whether you pay or not.

And...It IS the same thing from a Distributer/Supplier perspective regardless of product or service. The point is that it is LEGAL for these entities to enter into these types of deals, because you are NOT forced to purchase their products in the first place.

You can go and build a computer yourself, if you want, and have no Dell or Microsoft components in it. Therefore, Dell and Microsoft are legally entitled to make deals in their interest.

You dont have to like it, but that is reality, my friend.