Hello world! I have just sent this letter to Mike Kiley, Director, Enforcement and Coordination Branch, ACCC. Now, where did I leave my velvet gloves? }:-)
Kind regards, Nicholas -- As you may remember, I sent a complaint to the ACCC six months ago concerning a software licensing contract between Microsoft Corporation and Twinhead Corporation. That contract constrained Twinhead to preloading Microsoft Windows XP on their "efio" branded laptops, which, at that time, was their entire range of laptops. Several months ago, after receiving your unsatisfactory response to my complaint, I sent you a mathematical analysis that showed that the existence of contract terms between Microsoft and manufacturers restricting the supply of goods may be inferred from the present market behaviour of manufacturers, and that this conclusion holds for as long as manufacturers do not offer for sale laptops without software at a reduction in price corresponding to the licensing cost of the software. You have not yet responded to that analysis. Recently Twinhead has been offering for sale "efio" branded laptops with Linux preloaded instead of Microsoft Windows XP. For instance, Twinhead advertises two laptops, the "efio 12KTL" [1] and the "efio 12KT" [2]. [1] http://www.twinhead.com.au/product_detail.asp?productid=153 [2] http://www.twinhead.com.au/product_detail.asp?productid=154 These laptops are identical except for the following differences: efio 12KTL - $A1299 256MB DDR RAM, 40GB HDD Internal DVD+CDRW Combo Drive Abec LINUX Suite inclusive of Open Office Suite: Spreadsheet, Word Processor, Presentation Programme efio 12KT - $A1599 512MB DDR RAM, 60GB HDD Internal DVDRW Dual Drive Microsoft(r) Windows(r) XP Home Edition I contacted Twinhead for the upgrade prices for the "efio 12KTL": 256MB DDR RAM --> 512MB DDR RAM: ~$A69 40GB HDD --> 60GB HDD: $A99 Internal DVD+CDRW Combo Drive --> Internal DVDRW Dual Drive: $A179 Thus the price of the "efio 12KTL" with these upgrades is ~$A1646 (i.e. ~$A47 more than the "efio 12KT"). Since these upgrades may be effected at the time of assembly by substituting isomorphic components appropriately, the difference in labour cost for Twinhead between the "efio 12KTL" and the "efio 12KTL" with these upgrades is exactly zero. Hence the conclusion of my previous analysis still holds, viz. that this behaviour of Twinhead is not due to lawful economic considerations, and, further, that consumers (and the ACCC) are being led to believe that the price of the "efio 12KTL" does not include the Microsoft Tax, when in fact it does. If you are not prepared to answer my analyses then I would like you to tell me the name of the minister responsible for the ACCC. Please note that I shall post this correspondence online. Thank you, Nicholas -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
