None of this applied to Independent schools in NSW, they are, well, independent.
> 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/annua > l_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/ ) > > -- > SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
