Let's complain about Microsoft restricting choice in the market

What we have learnt throughout the two years with the OOXML / ODF issue, is that Microsoft always complains about the need to have a "Technology Neutral" outlook in policies and to "Let the Market Decide" as it whinges to government officials. 

What is ironic or ... hypocritical is the fact that they have made it so that their products are mandated in every new PC sold by manufacturers. Or else face the wrath of the BSA. I guess its the legacy of having Malaysia as the nexus of pirated software, where every unpaid software copy is automatically assumed to be illegal.

Fortunately times have changed. We should be more sophisticated now to realise that an unpaid copy of an application may not be pirated. It could be totally legitimate as a licensed Free and Open Source Software.

If you need to purchase a new PC for your office, which requires reliable service, support and warranty on parts, you would need to approach reputable companies like Dell, HP or others. What is restrictive is that they do not sell machines where the Operating System is optional, especially for desktops.

I have been using Ubuntu exclusively on my laptop coming up to two years now. Linux has come to a stage where I don't have to use ANY software which requires Windows in a separate boot partition. I can run all my office work and be extremely productive on a Linux desktop.

I do not need Windows. I do not need NT, 2K, XP, and most definitely Vista.

I would like a choice to purchase a PC from Dell without having to pay the additional RM300 for Microsoft software. I don't need IE, MS Works, Media Center, nor all the other bloatware which comes pre-installed just to get the machine to be protected and to be remotely functional.

Unlike Yasmin Mahmood (MD of Microsoft Malaysia) who only believes in an illusion of choice; "Its not about choosing but about having a choice", I think its is totally about having a choice, and choosing your preferred option.

So I decided to write in. I believe if consumers have been artificially restricted in their choice, or that vendors are collaborating in creating uncompetitive markets, this is a problem which can only be fixed by complaints against these vendors through government regulatory bodies.

In the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP), there is an "eAduan" system which is online.

This eAduan System is developed and implemented with one primary objective   in mind: to provide an Internet medium of receiving complaint from the public.

By having this system, it is hoped that it will ease affairs between public   and KPDN & HEP. For your information, this system is made available beginning   14th June 2004.

All complaints shall be investigated and complainants information shall be   made confidential. Please do not hesitate to contact us if there is no response   or feedback within 3 days.

I am not sure how efficient the service is, but we can only test it out. The fields required is about average for a government website. It took me less than a minute to fill in the particulars, and a few minutes to compose the complaint itself. It looked something like this:

I couldn't find an appropriate "Complaint Category" for "more choice", so "No Price Tagging" was the closest candidate. After filling in the information, an email confirming the "aduan" will be sent to your account, and this reassuring page will appear:

The content of my complaint was something like this:

Dell restricts users in purchasing computers. I intend to install Ubuntu on my new computer, which means I do not need to have Windows Vista as an operating system (OS) installed in the system. The price of the Windows OS can cost up to 30% of the purchase. This is a cost which should be optional.

Ubuntu is a valid alternative, and even Dell USA sells machines preinstalled with Ubuntu for over a year already. Dell Malaysia does not have that option yet.

My consumer rights are restricted as there is no option to 'opt-out' of the inclusion of the Windows OS. I do not expect Dell to provide software support as my team and I are technically competent to self support the systems. I only expect Dell to provide support on hardware failures.

Offering Ubuntu as an option not only reduces the cost of computing, but also discourages piracy, as it comes with a multitude of productivity software which makes my computer fully functional at zero cost.

Wouldn't it be interesting if the KPNHEP received a deluge of requests from Malaysian users of Gentoo, Fedora, Ubuntu, Mandriva, CentOS, openSUSE, openSolaris, FreeBSD, NetBSD and the thousands of other alternative OS's for manufacturers like Dell, HP, Acer or Lenovo to offer, or at least allow the opportunity for us to "opt-out" in purchasing Windows preinstalled?

I know some cynics out there would say that companies like Dell would never budge, either "it doesn't make business sense" or "50% of their marketing budget comes from Microsoft". But lets make it a consumer rights issue, a pressure external from their companies, and then they will HAVE to conform to our needs.

If you think this is worth doing, please spend 5 minutes filling in this form, and help get the FOSS community heard. Its about time we have the choice to choose not to pay the Microsoft tax. Let the market decide. Long live Technology Neutrality.

yk.

ps. I would like to make it clear that I have nothing against Dell per se, I chose them in this complaint because most of the computers I purchase are from them, and I will purchase more if they give me the choice I so deserve. I want them to improve to compete better. This is also a true and sincere complaint.

Comments

[Simon]

When you buy a computer with pre-installed Windows Vista and you boot it for the first time, you get to an initial screen that asks you whether you want to accept the MS EULA or not. Ironically, there is no option to refuse or shutdown the computer.

Somewhere in the EULA, it mentions that you can choose not to accept the license, and you can ask a refund from the manufacturer or Microsoft.

When you call either Microsoft or the manufacturer (a reputable one in my case), they have no clue whatsoever about these "refunds". The issue is to persist through the stonewalling.

I am on day #12 now, with Lenovo.

[kaeru]

Also be aware that in Malaysia at least there are small claims courts for disputes of small amounts such as this. They will have to answer if you take time to file a claim. More info http://www.lawyerment.com.my/library/doc/litg/smcl/

[yoonkit]

Simon,

Do update us if or when you get your money back. Good Luck.

Kaeru,

Although disputing via small claims may work, I would like it as easy for consumers to either opt-in or out when it comes to their OS of choice.

yk.

[Ditesh Gathani]

I've sent in an "Aduan" (complaint) also. The more people that do this, the better.

[Yuen-Chi Lian]

I have filed mine too.

I just can't believe they offer packages that come with an insecure operating system, Internet browser, etc.

yc

[Ruhaizad]

I have sent mine too...

[Donald]

i read somewhere that Lenovo sells Thinkpads with Linux on it in Europe and it actually costs MORE than a Thinkpad with Windows because MS actually pays them to have Vista pre-installed along with a trial version of Office. the logic being that many users will use the trial version and eventually buy the license after the 90 day trial. what if Dell does the same and we actually start paying MORE for laptops/desktops without Windows?

[Simon]

Donald,

No, Lenovo does not sell laptops with Linux in Europe (at least in the major markets).

Regarding MSOffice, the common case is to bundle MSWorks, the cut-down version of MSOffice. The laptop manufacturer pays for MSWorks, and the expense reaches the consumer.

What looks to be the case is that Microsoft entices manufacturers to enter a special deal for low prices of XP/Vista licenses, which at the same time limits the options for the manufacturer.
What the deals says in detail would be interesting to find out. For example, does it demand the manufacturer to impose artificially higher prices for laptops without Windows software?

Demanding the refund will help manufacturers enter in a more efficient deal with Microsoft.

References:
http://macslow.thepimp.net/?p=148
http://thealternative.ch/tiki-index.php?page=Software-Refund-en

[kaeru]

Just put in my complaint to Think Products (Malaysia) Sdn. Bhd. No price tag quite appropriate. They put in an optional and expensive Vista Business Edition (RM445) without listing the price.

[kaeru]

Further to my last comment, optional here as in I could use Linux. They still force me to buy Vista.

[autoverzekeringen]

I strongly agree to the fact that we should be more sophisticated now to realise that an unpaid copy of an application may not be pirated. It may be totally legitimate as a licensed free and open source software.Thanks for the information.

[cheap computers]

What looks to be the case is that Microsoft entices manufacturers to enter a special deal for low prices of XP/Vista licenses, which at the same time limits the options for the manufacturer.

[used computers]

Ironically, there is no option to refuse or shutdown the computer, it mentions that you can choose not to accept the license, and you can ask a refund from the manufacturer or Microsoft.