[EMAIL PROTECTED] wrote:
On Tue, Apr 12, 2005 at 07:50:54PM +1000, Simon wrote:
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Terry Collins
Sent: Tue, 12. April 2005 12:21 PM
To: [email protected]
Subject: Re: [SLUG] Exhibitors at Education Expo
[EMAIL PROTECTED] wrote:
On Tue, Apr 12, 2005 at 09:53:56AM +1000, Terry Collins wrote:
4) The MS Tax is charged on EVERY computer in the school,
hence there
is no money saving incentive to replace MS with FOSS/Linux.
I thought that was illegal... ...how do they attempt to enforce this?
It was either a flat or stepped fee based on the number of computers they knew that your school had. NSW Public schools basically get all their hardware through the department.
So there was no incentive for say "by replacing MS with FOSS on X computers I can save $Y".
I thought he was being cynical in the fact that it is difficult to buy a
PC without Windows - you need to specify that and negotiate the price
(usually cheaper).
However this may be a reference to the 'Schools Agreement' which I
belive DET have signed up to for all their schools - this gives schools
access to nearly all MS software at NO extra cost - some server based
stuff still has some cost. You pay a licence for every PC in the school
regardless of OS or whether it is capable of running the latest MS
software (which is all the licence covers - you can downgrade by only
one version) BTW you are helping to pay for this through State taxes.
While this is good for the DET schools it is a very significant cost in
the Independent Sector.
Heres a link from Victoria:
http://www.sofweb.vic.edu.au/ict/software/microsoft/index.htm
They say "State Wide" licenses but they don't say whether you have to pay per PC, the implication seems to be that license fees are all paid. There are certainly some details glossed over.
I found it hard to get details from NSW (brief search only) found this which says all new computers are to have Microsoft pre-installed but doesn't actually say it is impossible to get computers on the side:
https://www.det.nsw.edu.au/media/downloads/reports_stats/annual_reports/year99/chapter3.pdf
There was a law passed in 1998 resulting in Section 51AC of the Trade Practices Act making it unlawful to engage in unconscionable conduct. It goes some way towards protecting small business against larger, more powerful, companies treating them harshly or unfairly in a commercial relationship. In some cases the small business can simply declare a contract void. In this case:
* The DET made the agreement on behalf of the independent schools (i.e. they were forced into agreeing) * The bargaining power was enequal (MS and DET combined vs independent school) * The schools were deprived of their ability to negotiate terms * The schools have been deprived of their normal legal right to purchase software from alternative suppliers * The schools are forced to comply with unrealistic conditions that are breached by any additional computer purchase (i.e. under normal trade conditions MS would get paid for what they deliver, not for what someone else delivers).
There's a chance that an independent school could fight it under these grounds. It may have to go through the ACCC.
I think there's also a few other grounds like monopolistic practices and Microsoft already got told not to do this sort of thing with PC retailers (from memory their PC retail agreements were declared void both here and in the USA). They are just repeating the entire exercise with schools.
You would have to find a proper lawyer to give you real details but if the independent schools are getting stung by these costs, I suggest they get together and fight it. Maybe the schools don't see how much they are getting railroaded so they don't try to fight it, maybe they just don't care... At least it would be interesting for them to get the full documentation together and plonk it in front of a good Trade Practices lawyer and see how much wriggle room they have to work in.
- Tel ( http://bespoke.homelinux.net/ )
-- Howard. LANNet Computing Associates - Your Linux people <http://lannet.com.au> -- When you just want a system that works, you choose Linux; When you want a system that just works, you choose Microsoft. -- Flatter government, not fatter government; Get rid of the Australian states.
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