Freedom of Information Act: Microsoft Rules O.K.


One of my favourite commentators on the Open Source phenomenon is Glyn Moody. And today he has clarified something I had been struggling with for a couple of days now.

The story in question, from The Inquirer, is basically this:

Becta refused to satisfy a Freedom of Information request made by the INQUIRER for details of the latest Microsoft schools megadeal, “after consultation with Microsoft.”

Which is pretty bad really. We are talking about Taxpayers’ (that’s you and me friend) money here. Why should we not be allowed to know what our beloved Government is spending with a US Software company on our children’s behalf? And don’t forget that it’s a company that has been convicted of monopolistic and anti-competitive practices, so it should be even more important we know what we are giving them. Shouldn’t it?

Well, on the face of it I bought the argument from Becta that goes:

If Becta, a UK government quango, published details of schools’ Microsoft spending, it “could give rise to an actionable breach of confidence by Microsoft against us,” it said. This was a “considerable risk”, it added.

And further, plausibly stated:

Becta said there could also be repercussions in disclosure for itself: “We have concluded that disclosure of any part of the MOU would prejudice the commercial interests of Becta and of schools throughout the UK because the significant savings achieved under the MOU would be put at risk,” it said. “We believe that our future negotiating position with Microsoft would be weakened and we would not be confident of our continuing ability to obtain the best deal possible for those UK schools that choose to purchase Microsoft products,” it added.

If we ignore the fact that the Microsoft products are pretty crap, and they aren’t really the right thing for education to be using in the first place, I can sort of understand the bit about their negotiating position - if they know no better.

But I wasn’t totally convinced… Something was niggling at the back of my mind as to why this is really bad…

Enter Glyn:

I do realise that it’s too much to hope that Becta will take open source seriously, but I wonder if it has ever crossed Becta’s chosen minds that putting themselves in this position of snivelling dependence on Microsoft isn’t actually the optimum way to get the best deal for UK schools – even for those benighted enough to want to bathe their charges in the delicate glow of BSODs. Has it ever occurred to them that if they started negotiating from a position of dignity and strength, rather than abject, supine servitude, they might just possibly do their job a teensy-weensy bit better?

Microsoft is scared witless by the prospect of open source getting a foothold in schools, and would agree to any deal rather than let the UK education system discover the power and value of free software. Becta is actually in an incredibly strong position, and yet somehow manages to snatch defeat from the jaws of victory. The idea that “our future negotiating position with Microsoft would be weakened” if it dared to cross Masher Microsoft, as it has claimed to The Inquirer, is simply risible, and shows how desperately out of touch it is with the realities of the marketplace. The sooner this particular quango is abolished, and decisions are made locally, the better.

Ouch!

Thanks for clearing that up Glyn ;-)



Becta refers its interoperability complaint to the European Commission


Oh goody!

Becta are once again proving to be a particularly spiky thorn in the side of Microshaft.

You may recall that they reported the evil empire to our OFT (Office of Fair Trading) back in October last year. We’ll today they have announced the following further development:

Following discussions with the OFT, Becta has now referred its interoperability complaint and related evidence to the European Commission in support of the Commission’s wider investigation. At a recent meeting with the Commission Becta set out its key areas of concern and their impact on the UK education system.

Becta believes that impediments to interoperability limit choice. In the context of the education system this can result in higher prices and a range of other unsatisfactory effects which have a negative impact on wider policy initiatives, including improving educational outcomes, facilitating home school links and addressing the digital divide.

Commenting after the recent meeting with the Commission to discuss Becta’s detailed concerns, Dr Stephen Lucey, Becta’s Executive Director of Strategic Technologies, said:

“It is not just the interests of competitors and the wider marketplace that are damaged when barriers to effective interoperability are created. Such barriers can also damage the interests of education and training organisations, learners, teachers and parents.

I therefore very much welcome the decision by the Commission to conduct a wide ranging investigation.”

Basically they are helping the EU Commission in their investigations of anti-competitive practices and particularly their awful and proprietary OOXML file format. It is so good to hear a respected and influential publicly funded body actually articulating the real problems with proprietary software and especially when it is used to support and extend an existing monopoly position.

And in a rather nicely worded conclusion that would work really well in a thriller movie…

Dr Lucey confirmed that the other aspect of Becta’s complaint, which relates to Microsoft’s School Agreement licensing model, remains under active consideration by the OFT.

This is in relation to the terrible contract Microshaft have managed to tie our schools into where they will be purchasing subscription licenses for software that they could never use… Here’s the original piece.

At least there are some public organisations in the UK which seem to have understood the threat that M$ poses to all of us. Shame that the current Government and our Standards Institute haven’t.

Roll on the next election…



Microsoft’s Fixed Rate Tax approaches 100%


Yesterday, we decided that we needed to get a new laptop for our business.

Nothing particularly staggering about that you might think. And, on the face of it you’d be spot on. However, as you probably know, our company The Open Learning Centre is focused on delivering business solutions and services based on Open Source technology.

Consequently what I definitely DO NOT WANT is to be forced to buy any Operating System with my hardware. I would like to choose for myself. I might want Ubuntu, or SUSE or Mint or something else. Or, god-forbid (and this is purely for example’s sake) I could choose to install one of the many valid, and already paid for, copies of Windows 95, 98, ME or XP that I have lying around.

So after a great deal of Googling yesterday, I found a grand total of TWO companies here in the UK that publicly offered me the opportunity to buy a new laptop on-line without an operating system.

The only other way is to buy individual components and assemble your own computer. This can end up being more expensive and is certainly not a trivial task, especially with a laptop. I do build my own desktops but wouldn’t consider doing the same for a portable PC.

I did look at Dell’s Ubuntu offerings but the spec of the machines wasn’t quite what I needed and - to be honest - all the “Dell Recommends Windows Vista” and notices about “Beware! This Computer Doesn’t Run Windows” made me feel a bit patronised. I understand to a certain degree the problems Dell face and must address; support and an audience of not-so-techy customers so I am not going to denigrate what they are doing. I just hope in a year or two’s time, I will be able to choose NO operating system on any of their computers.

But to get back to the main thread of this. Just two companies here in the UK that could offer me a laptop which I could choose to have supplied without an Operating System. That is bloody scandalous. EVERY other laptop (apart from the 2 Dell machines and some Asus EEe PCs [Update: I was a bit brief here. There are few other vendors who supply Linux pre-installed. But they do not offer the choice of "no operating system"]) would be supplied with a Microsoft Operating System. I had little or no choice; I could always have bought a Mac but that’s a somewhat similar issue.

Irrespective of the fact that I wouldn’t use their crappy and expensive software anyway, I have plenty of old discs with Microsoft’s operating systems on them that I have legitimately paid for and are not installed on any of my other computers. I’m sure there are many millions more like them. So why must I pay for another copy? This is completely unfair and should be (if it isn’t already) illegal.

The Globalisation Institute submitted a report to the EU commission last September saying just that:

Computers in the European Union should be sold without a bundled operating system, according to this submission to the European Commission. It says that the bundling of Microsoft Windows with computers is not in the public interest, and prevents meaningful competition in the operating system market.

The current situation basically means that for almost every single PC sold around the world, I believe we (you) are paying a TAX to Microsoft. We have already seen how they have done this with our schools. And we have seen Becta’s responses here and here.

I suggest that interested readers write to their MP or MEP, explain about this grievance and ask what the EU is doing about the report above.

On a positive note however, the two companies that did enable me to buy OS free computers deserve to be properly applauded, mentioned here, and please pay them a visit when you are looking for new hardware.

The first is a highly customisable offering from PCSpecialist.co.uk (http://www.pcspecialist.co.uk/). You can build desktops, towers, cubes and laptops to your own specifications and choose your Operating System or not as you wish. Removing the OS saves you anything from about £60 to £120 depending on your other choices.

The second is a more “mainstream” computer business. And was where we decided to buy from in the end as the price/spec was just a bit better for my particular requirements. That company is Novatech (http://www.novatech.co.uk). Yes, Novatech. It looks as though you can choose your operating system (or not as you wish) for any of their PCs. Be they laptops, servers or desktops. They have a good range and probably the best value we found anywhere. Choosing no OS saves you anything between approx. £50 and £300 depending on your choice of hardware.

Up to £300 quid Microsoft TAX… And it’s a fixed penalty too. Your hardware could cost £250 or £2500 - it doesn’t matter to them. Next time you are equipping your business or home with new computers please think about this first. You can have Ubuntu Linux Desktop Edition and/or Server Edition for free. You can copy, re-use, install on as many machines as you wish and they will provide much better performance with no usage restrictions either…



Microsoft reported to the OFT by Becta


Remember this article (Would you buy software licenses you can’t use?) I wrote a little while ago? Well it seems as though Becta have had enough trying to negotiate with Microsoft and have referred them to the Office of Fair Trading for alleged anti-competitive practices in the schools software market.

Hooray. This is good news. According to the original article:

The agency’s main concerns surround the limitations Microsoft places on schools using its subscription licensing arrangements and the potential interoperability difficulties for schools, pupils and parents who wish to use alternatives to Microsoft’s Office software, including “free to use” alternatives.

They missed an opportunity here when they could have suggested that Schools deploy OpenOffice.org instead.:

Becta’s advice to schools considering moving to Microsoft’s School Agreement subscription licensing model is that they should not do so. Schools must be legally licensed for all the software they are using, and if licensing Microsoft products is an imperative they should consider using a perpetual agreement such as ‘Select’ until such time as the OFT have responded to our complaint.

But they make up for that slip up a bit by saying here:

Becta’s advice to schools in relation to the deployment of Office 2007 remains that schools and colleges should only deploy Office 2007 when its interoperability with alternative products is satisfactory. That would necessarily imply effective support by Microsoft of the internationally approved ODF file format.

About time too. Next time you talk to your childrens’ teacher tell them about Open Source software and OpenOffice.org in particular. Perhaps we could save the country a few Million quid and get some more teachers/books/hardware/sports equipment or anything else that would be more useful and valuable than a piece of paper from Microsoft; that’s all you get in reality…



Would you buy software licenses that you can’t use?


I don’t often get surprised or shocked by stuff - events and such normally just strike me as one of those things or simply inevitable. Today however, I learned that our schools and further education establishments are being screwed!

If that doesn’t make sense, here it is in English…

Here in the UK, the government commissioned a report into Microsoft’s academic licensing programmes. The research and report publication is by Becta. [WHO?] “Becta is the Government’s lead partner in the strategic development and delivery of ICT for the schools and the learning and skills sectors.”

The interim findings are nothing short of scandalous and I am surprised that this hasn’t received more coverage. Here are some key quotes from the report:

Microsoft’s subscription licensing agreements are all or nothing: in other words, if a school wants to cover any of its ICT estate using a subscription agreement, it must cover all its ‘eligible PCs’. Microsoft has set the definition of an eligible PC as any computer with a specification of a PII processor or higher (the PII was launched in 1997). The eligible PC definition also includes Apple Macintosh computers (G3 or higher). This approach results in over-licensing, double licensing and other anomalies.

So basically some of our schools (and I don’t know how many) are paying Microsoft licenses on each and every PC they acquire. This includes machines which may be too old or unsuitable to run the standard application/OS package that their license provides.

Schools subscription pricing is on the basis of eligible PCs, where licensing for Microsoft products is based on the number of computers in the school estate irrespective of whether the Microsoft product is installed, required or used on all of these computers.

That’s nice :-( - NOT.

A further anomaly arises in that a school which uses a mix of Microsoft-based and Apple computers can find itself paying Microsoft a licence fee for software which cannot run on its Apple machines.

Get the idea now? And finally here’s a nice conclusion:

Becta’s advice to institutions that are not currently using a Microsoft subscription licensing agreement is that they should consider carefully whether, in the absence of the changes Becta is recommending, they should enter into such agreements.

You can download the whole report - it’s about 20 pages so not that long - from here: http://publications.becta.org.uk/display.cfm?resID=28197&page=1835.

There is more in this report too - about the way that certain licenses used for schools mean they pay over-the-odds pricing AND that they get tied-in for long-term subscriptions which are so calculated that the cost to cancel or stop becomes prohibitive!

Now, like I said, I’m not usually surprised or shocked by much, but that fact the we (all UK taxpayers) are paying for unnecessary, potentially useless, and duplicated Microsoft software licenses does offend me.

The final blog which led me to this report came from here: http://www.businessreviewonline.com/os/archives/2007/06/paying_for_soft.html where the author describes how, in Norway, they have managed to stop this scandalous activity. Why can’t we do the same?

I have forwarded my findings to the Conservative MP and Shadow Chancellor, George Osbourne, who regularly promotes Open Source initiatives.

If you think this important, please contact your local MP and ask for them to explain why we are paying tax on software that our kids will never use?


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