On 11 Sep 2014 12:56, "Pirate Praveen" <[email protected]> wrote:
>
> We have now sent a legal notice to HP on this via Prasanth Sugathan of
> Software Freedom Law Center and it is covered by Economic times
>
>
http://economictimes.indiatimes.com/tech/software/ishan-masdekar-sends-legal-notice-to-hp-for-compelling-him-to-buy-a-notebook-with-windows-8/articleshow/42219383.cms
>

Bravo for this initiative, all who are part of it!

I see some issues with getting a refund and starting a flood:

1. OEMs get an OEM license from Microsoft for installing Windows on to
consumer PCs - the terms may be negotiated, and pricing may be very low for
a leading OEM like HP (though not negligible) - would the OEM or Microsoft
be willing to make their pricing public?

2. Both the OEM and Microsoft can say that the OS is an essential part of
the system, as the proprietary drivers of some components will not run on
any other OS, and alternative drivers may have unintended effects or
illegal uses (such as SDR manipulation)

3. They could also claim that it would be virtually impossible to verify
whether each request for refund has come after Microsoft software had been
removed completely (and we can't allow them to implement a kill switch)

4. They could claim that they would be unable to market and sell their
products without a warranty for performance and quality if they are unable
to control which OS is loaded on to the PC, and that blank devices can only
be niche, probably obsolete products

5. Microsoft tax is also the name for the underhand practice where it
extracts a heavy price for licenses from OEMs that sell more than a certain
percentage of Linux PCs, and no OEM would want to acknowledge this publicly

6. OEMs rely on quick obsolescence, which is accentuated with Microsoft
bloatware, to keep on getting your money every few years - Linux makes this
cycle much longer, plus after sales service harder - so no positive
incentive for them

And so on and so forth. Of course, you'll appreciate that I'm just playing
the devil's advocate here to help us consider what would be the best
strategy for getting a wider range of devices without a preloaded OS. The
demand for this option is minuscule, as most Linux enthusiasts would not
mind having a dual boot system, if it allowed them more choice in how they
use the device. India, especially, sees people buy these OS-free PCs to
install pirated copies of Windows on them, thus defeating the whole purpose
for which many people have devoted huge amounts of energy and time.

Anyway, all the best with the case. I wish you success.

-nd
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