Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Knitebane
But it is covered in the 1995 consent decree that held off the previous anti-trust suit. If my memory serves, Microsoft promised to stop per-processor licensing in exchange for not being hauled into court. You have referred to this decree in other threads so I know that you aren't ignorant of it.

Different issue altogether. MS signed a consent decree with the DOJ 8 years ago to stop charging OEMs a fee for every box they sold. The current contract doesn't charge per-processor fees. It merely establishes that Dell needs to ship an OS -- any OS -- on its boxes. You guys are going to have to try harder. It's like shooting fish in a barrel.

So, what we have here is a consent decree agreed to by Microsoft seven years ago that says that they will not require OEMs to ship Windows on every PC,

And they've complied with it. The current practice of avoiding naked PCs isn't illegal and you know it.

..we have evidence that Microsoft has made a concerted effort to sink any OEM from shipping any other OS and now we have evidence indicating that Microsoft is using it's muscle to keep OEMs from shipping naked PCs.

As mentioned previously, Dell does ship Linux on its server machines; so apparently, the supposed "pressure" from MS didn't work.
126 posted on 08/12/2002 11:08:00 PM PDT by Bush2000
[ Post Reply | Private Reply | To 120 | View Replies ]


To: Bush2000
MS signed a consent decree with the DOJ 8 years ago

I looked all through the decree and didn't see an expiration date on it. How long ago it was is not relevant.

The current contract doesn't charge per-processor fees. It merely establishes that Dell needs to ship an OS -- any OS -- on its boxes.

Of course, considering how hard Microsoft has worked to stop OEMs like Dell from shipping Linux on any platform (and succeeded with Dell laptops and desktops) means that the obvious goal is for OEM's to ship PCs with any OS, as long as it comes from Microsoft.

Section IV, paragraph G. states that Microsoft revenue can only come from a per-copy or per-system license. There are no exceptions for Microsoft to charge for systems with no license. In fact, it is prohibited in several of the other sections. For Microsoft to use it's licenses to force any company to ship Microsoft products that it doesn't want violates the subparagraphs of paragraph G.

And they've complied with it.

The US Government, as early as 1997, disagrees. The DOJ filed a petition in US District Court requiring Microsoft to show cause why they should not be found in civil contempt for violating the decree. Microsoft later settled by promising not to do it again, the result of that promise is why Microsoft has been found to be a monopoly by the court and we are now waiting for the penalty.

Currently in the bullpen, awaiting the outcome of the current anti-trust trial, are numerous lawsuits all based on Microsoft's violation of that decree.

Microsoft's own officials have issued memos stating that they have no intention of complying with the decree. And they haven't.

Microsoft's attempt to stop shipping PCs sans OS plus Microsoft's continuing harrasment of OEMs to drop other operating systems adds up to only one thing.

Trying to spin this off as an "anti-piracy" campaign won't work, given Microsoft's track record with obeying the law and the evidence from their own officers memos.

138 posted on 08/13/2002 12:51:57 AM PDT by Knitebane
[ Post Reply | Private Reply | To 126 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson