Hey guys, I got a response back from the ACCC about this, reply is attached below.
Regards, Boden Matthews, http://www.enervion.com On 27 September 2011 10:15, Infocentre Public Mailbox < [email protected]> wrote: > ************ > > Dear Mr Mathews,** > > **** > > Thank you for your email of 23 September 2011* *to the Australian > Competition & Consumer Commission (the ACCC) regarding the Microsoft’s > upcoming Windows 8 operating system*. *Your reference number for this > matter is 1153943**** > > **** > > The role of the ACCC is to ensure compliance with the *Competition and > Consumer Act 2010 (Cth)* (the Act), which is designed to encourage fair > trading and discourage anti-competitive conduct through a specific set of > competition and consumer protection rules.**** > > ** ** > > One of the Act’s aims is to foster fair markets, that is, markets where > normal competition can continue without being hindered by unfair and illegal > market practices. Such illegal market practices include price-fixing, > market-sharing, resale price maintenance, misuse of market power and certain > forms of exclusive dealings/boycotts.**** > > ** ** > > Section 47 of the Act prohibits exclusive dealing. Broadly speaking, > exclusive dealing occurs when one person trading with another imposes some > restrictions on the other’s freedom to choose with whom, in what, or where > they deal. Exclusive dealing is only a breach of the Act where the conduct > has the purpose, effect or likely effect of substantially lessening > competition in the market. In an assessment of the effect of the conduct on > competition, it is not enough merely to show that an individual business has > been damaged. The wider market for the particular product or service must be > considered.**** > > ** ** > > The situation you described may raise issues of exclusive dealing, but it > is unclear from the details provided whether it would be likely to meet the > competition test described.**** > > ** ** > > In assessing any complaint, staff of the ACCC would generally determine > whether or not the matter falls within the jurisdiction of the Act, whether > or not there appears to have been a breach of the Act, and if so, whether > the impact of the conduct is so serious and widespread that it is > appropriate that the ACCC should take some action.**** > > * * > > It should first be noted that in general, investigations are conducted > confidentially and the ACCC does not comment on matters it may be > investigating. Further, complainants will only be contacted by the ACCC > where clarification or additional information is sought.**** > > ** ** > > It is important to note that the ACCC cannot pursue all the complaints it > receives. While all complaints are carefully considered, the ACCC must > exercise its discretion to direct resources to the investigation and > resolution of matters that provide the greatest overall benefit for > consumers and businesses. The ACCC’s Compliance and Enforcement policy > describes in more detail how this discretion is exercised. This policy, > which is available on the ACCC’s website [www.accc.gov.au], lists a number > of factors that are weighed including whether conduct raises national or > international issues, involves significant consumer detriment or a blatant > disregard of the law.**** > > ** ** > > The Act also allows an affected party to take their own legal action for a > breach of the Act. You may wish to seek legal advice on the possibility of > taking your own action in this circumstance.**** > > ** ** > > Thank you for contacting the ACCC with your concerns. I trust this > information is of use.**** > > ** ** > > Yours sincerely,**** > > ** ** > > ** ** > > Kylie**** > > ACCC Infocentre**** > > Ph: 1300 302 502**** > ------------------------------ > > *From:* [email protected] [mailto:[email protected]] > *Sent:* Friday, 23 September 2011 7:37 PM > *To:* Infocentre Public Mailbox > *Subject:* Complaint form submission [SEC=UNCLASSIFIED]**** > > ** ** > *Complainant details* > > Mr Boden Matthews > ****XX XXXXXXX Street**** > **XXXXX XXXXXXXXXX** > NSW 2137 > ****Australia******** > > Age: <18 > Gender: **male**** > *Contact details* > > XXXXXXXXX > [email protected]**** > > *Date received:* 23rd September 2011**** > > *Product provider:* Microsoft > *Product description:* Windows 8 PCs**** > *Complaint* > > I have recently learnt that any new computer or laptop that ships with the > upcoming Windows 8 Operating System will not be able to run any other > Operating System. Microsoft's new UEFI Secure Boot system prevents > 'unauthorized software' from running on any new computer sold with Windows > 8. Making a system that ships with only Micrsoft Windows not being able to > boot a copy of Linux or any other operating system. I wish to use Linux on > future computers, and this will not allow me to use Linux at all. Microsoft > is engaging in seriously anti-competitive behaviour by forcing the lockout > of all competitors. (See: > http://www.itwire.com/opinion-and-analysis/open-sauce/49889-will-windows-8-succeed-in-locking-out-gnulinux) > Not only will Microsoft kick out Linux off the computers, they will prevent > 'upgrading' of windows versions: creating forced obsolescence. I am > disgusted, is Microsoft legally allowed to do this? Microsoft has been > slowly becoming more anti-competitive: computing used to be about choice, > having the ability to choose the Operating System. Now Microsoft want to > have complete control. Regards, Boden Matthews [email protected] >
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