Follow-up post to Canonical Microsoft
Oh dear.
It seems as though I completely failed to make the point I was trying to make. Sorry.
With the question “Is Canonical becoming the new Microsoft?”, I was trying to ask if the overall level of “bad-karma” that is being directed toward Ubuntu/Canonical was potentially making it into the next entity that the world loves to hate? I wasn’t (as I did actually try to say) interested in the individual issues I listed, but the cumulative level of criticism which, as we all know, Microsoft gets in spades; even though they still manage to sell $20bn of crap software in a quarter.
Nor was I trying to ascertain if Canonical were becoming a global monopoly or an evil empire lead by a sad fat bastard called Steve. I really was just interested in the increasing level of criticism and if there is any likely parallel with firms like Microsoft who are successful (on a financial level at any rate) and yet are hated around the globe by almost everyone I ever speak to.
On a secondary note though, the overall quality of comments was great! The vast majority were well considered and articulated and didn’t turn me into a quivering wreck nor require me to don asbestos pants. Thanks!
It’s definitely working…
My eldest son James, who’s 9, suggested something to me on Saturday morning over breakfast that made me quite proud and very chuffed.
The conversation went something like this:
“Dad, I think you should come to our school and talk to us about what you do. You know, Ubuntu and Open Source and all that.”
“Really James? Do you think so?”
“Yes, you’d have to be CRB checked [sic], but you could come and explain about Ubuntu. If Mr. Jeffs [The Headmaster] knew about it we’d have more money to spend on useful things for the school.”
“That’s interesting James, what do you mean?”
“Well, Ubuntu is free isn’t it. So we wouldn’t have to buy Microsoft Windows any more. And it is better than Windows isn’t it. And it doesn’t get viruses like Windows either does it Dad. So I’m sure Mr. Jeffs would think that it’s a really good thing…”
Both my kids use Ubuntu at home; they are 5 & 9. They skip easily between Ubuntu & the Windows machines they use at school and with their friends. They also switch without difficulty between applications too. When necessary James does his homework in OpenOffice.org and takes a USB stick to school with the files saved in a nasty proprietary format.
Seems like I’d better write a nice letter to Mr Jeffs then hadn’t I?
How to remove Mono from Ubuntu 9.10 Karmic Koala [Updated]
I’ve been mildly intrigued as to why the volume of background noise and character assassination that has surrounded Mono has been on the wane over the last few months. Consequently, I started wondering if there were any obvious reasons for this outbreak of pacifism in what has sometimes seemed like a debating chamber for differing groups of religious fundamentalists.
Some of it is surely to do with Microsoft’s Community Promise made back in July 2009, but I doubt that is really the only reason for the attenuation. I do wonder if Mono might just simply be losing some of its lustre. In August Blackduck reported how the amount of code being written for FOSS projects using C# was pretty negligible at just 1.33% and that growth in C# usage over a 12 month period was virtually zero.
There were also some rather nasty and personal attacks which did nothing to help our community at large nor the reputation of the individuals’ concerned so maybe people have consciously, or subconsciously, decided to just shut-up for a while?
Quite recently Microsoft, along with Intel, announced that they will ship Silverlight on Linux as opposed to using the Microsoft/Novell sponsored Mono project called Moonlight. OK, admittedly this announcement was only for Moblin Linux, but hey, since when has Microsoft ever been transparent about it’s long term objectives or plans? Perhaps, Mono and Moonlight were just too heavyweight for Moblin devices (netbooks and smart-phones typically), or maybe there is more to it. It could be a very good start to a typical Microsoft "Embrace, Extend & Extinguish" strategy. Who knows? But it certainly isn’t exactly a ringing endorsement of Mono and Moonlight is it?
The awkward question: If it’s that easy to port Microsoft Silverlight to Linux, why does the Moonlight project exist at all?
“I’m really clear about our commitment to Moonlight. I see the work we’re doing with Miguel and Moonlight as core to our strategy for delivering implementations for Linux,” says Goldfarb, protesting, perhaps, a little too much. ®
Anyhow, my personal opinion of Mono hasn’t changed much. There are no Mono applications in Ubuntu that make me go weak at the knees and get all excited; far from it in fact:
- I’ve never really had any need for Tomboy at all and since discovering Getting Things Gnome my jotted notes and todos all go in this great little Python task keeping application anyway. If you have used, or ever wanted to use Tomboy in the past however there is now a clone written in C++ called Gnote. This is in the Karmic “universe” repository and can be installed either from Synaptic, the new Ubuntu Software Centre (now spelt correctly if you use an en_GB locale) or by typing
sudo apt-get install gnote. - When I last used F-Spot, which was probably back in Gutsy or Hardy days I reckon, it annoyed me that the application wouldn’t automatically delete the pictures off my camera after importing. GThumb did and always has; so no big deal there then. There is also a new kid on the block called Solang that is in the Karmic repos too. I haven’t tried it in anger myself yet but I’ve heard good things from others.
- Media Players/Managers? “Banshee!” I hear you cry. Well, I’ve never tried it because I don’t have Mono on my Ubuntu desktop or laptops so I can’t say if I like or not as an application. On my Ubuntu machines, the only music player I have tried and actually really liked, is Songbird. There are still a few features missing, but the forthcoming 1.4 release is looking like it will plug some of these gaps. Songbird looks, feels and works fine for my needs.
On the 15th October a very important figure in our community penned his own contribution to this discussion. Jeremy Allison, of Samba fame, wrote a well considered letter essentially calling on the major GNU/Linux distributions to move Mono outside of their default and core repositories. It’s something others, including myself, have discussed before, but likely with a lot less weight than Jeremy’s comments will surely carry.
… I think it is time for the Mono implementation and applications that use it to be moved into the “risky” category, until the patent situation around it is deemed to be truly safe to use by default in Free Software.
Microsoft isn’t playing games any more by merely threatening to assert patents. Real lawsuits have now occurred and the gloves are off against Free Software. Moving Mono and its applications to the “restricted” repositories is now just plain common sense.
Anyway, back to the reason for this post.
In the latest, shiniest, bestest, release of Ubuntu to date, and it really is a cracking release, the desktop version of Karmic Koala (version 9.10) contains two Mono dependent applications in the default install along with the Mono VM and associated libraries etc.
Now, this time, we have 3 ways to go Mono free:
- Visit Jo Shield’s blog and get Chicken Little Remix (CLR). Chicken Little Remix (CLR) provides a solution for users who wish to use Ubuntu but would prefer it to not contain any Mono-based software. This 2nd release of CLR, based on Ubuntu 9.10, comes as a livecd with it’s own unique desktop wallpaper and also features replacement applications where appropriate.
- Use the KDE based Kubuntu instead of Ubuntu, which uses Gnome. (Thanks Mark for pointing out my omission in the comments below)
- Install the regular Ubuntu distribution and then remove the applications and their supporting packages*. The simple command required goes like this [Update] Thanks to Jo who mentioned the 3 libraries that should also be removed [/Update]:
sudo apt-get purge libmono* libgdiplus cli-common libsqlite0 libglitz-glx1 libglitz1Which should reply with something similar to:
The following packages will be REMOVED
cli-common* f-spot* libart2.0-cil* libflickrnet2.2-cil* libgconf2.0-cil*
libgdiplus* libglade2.0-cil* libglib2.0-cil* libgmime2.2a-cil*
libgnome-keyring1.0-cil* libgnome-vfs2.0-cil* libgnome2.24-cil*
libgnomepanel2.24-cil* libgtk2.0-cil* libmono-addins-gui0.2-cil*
libmono-addins0.2-cil* libmono-cairo2.0-cil* libmono-corlib2.0-cil*
libmono-data-tds2.0-cil* libmono-i18n-west2.0-cil* libmono-posix2.0-cil*
libmono-security2.0-cil* libmono-sharpzip2.84-cil* libmono-sqlite2.0-cil*
libmono-system-data2.0-cil* libmono-system-web2.0-cil*
libmono-system2.0-cil* libmono2.0-cil* libndesk-dbus-glib1.0-cil*
libndesk-dbus1.0-cil* mono-2.0-gac* mono-gac* mono-runtime* tomboy*
0 upgraded, 0 newly installed, 34 to remove and 0 not upgraded.
After this operation, 47.8MB disk space will be freed.
Do you want to continue [Y/n]?
NB: This command was tested on a default installation. The purge switch is designed to remove configuration data too. If you have any important information on your system that might be dependent on these applications, please do your research and backup or copy it first. I test the command in a clean Virtual Machine build before using it on a live system: YMMV.
* If you are aware of any other packages that can, or should be removed, please let me know and I will update the post.
Depending on your vigilance or need, you may wish to install the package called Mononono which will keep a look out for you and alert you if an application tries to install any Mono components.
For those of you who do not happen to be scholars of ancient Egyptian history, the picture at the top of this article is of the Egyptian Pharaoh Akhenaten regarded by some as the first Monotheist:
Akhenaten tried to bring about a departure from traditional religion that in the end would not be accepted. After his death, traditional religious practice was gradually restored, and when some dozen years later rulers without clear rights of succession from the Eighteenth Dynasty founded a new dynasty, they discredited Akhenaten and his immediate successors, referring to Akhenaten himself as ‘the enemy’ in archival records.
Image courtesy of Wikimedia under several free licences.
Our Windows 7 Special Offer
This post is a “reprint” of an email we have just sent to the subscriber list for our Liberation newsletter. The audience is largely UK based businesses and public sector organisations. Should you wish to receive Liberation, you can subscribe here and please feel free to pass it on.
Today, Microsoft invite you to part with your hard-earned cash and upgrade your computers to Windows 7®. If you are one of the majority still using Windows XP, then moving to Windows 7 may not be a pleasant or inexpensive task…
Surprisingly there isn’t actually a way to upgrade your computer from Windows XP to Windows 7 in the traditional sense. You’ll need to back up all your data, re-format the hard-drive and start again from scratch.
Windows doesn’t store your documents, personal information, historical data, emails, passwords, cookies, preferences, settings etc. in one place. So backing up and rebuilding Windows computers is a very time-consuming and complicated process:
- Work our how many licenses you need then go and pay for them
- Buy some new storage for all the temporary backup space you’ll need
- Back up everything on every computer
- Install the basic operating system
- Find and install the right hardware drivers for your machine(s). Much hardware may not yet have suitable Windows 7 drivers
- Register and Activate each new computer, requires you to have network access
- Find all the disks and license keys for the applications you use, then re-install them. If they are still compatible that is
- Install & configure the drivers and software for printers and other peripherals. Many peripherals may also not yet have suitable drivers
- Copy your data and settings etc. back to all the right places on the new system.
Plan for this process taking anywhere between 4 and 8 hours for each and every computer you have.
Gartner estimates that real migration costs will be between $1,035 & $1,930 per user from Windows XP to Windows 7.
Why can’t I upgrade?
Windows 7 Upgrades
That is a good question, and one that we have not seen a good answer to. Walt Mossberg of the Wall Street Journal asked Microsoft about upgrade paths and was sent this matrix showing all the different ways you can’t upgrade from other versions of Windows to Windows 7 (Blue = No upgrade, rip out and replace. Green = in-place upgrade).
Microsoft have also provided a document explaining the same thing in words. There is no upgrade path from any of the following operating systems:
Windows 95, Windows 98, Windows Millennium Edition, Windows XP, Windows Vista® RTM, Windows Vista Starter, Windows 7 M3, Windows 7 Beta, Windows 7 RC, or Windows 7 IDS, Windows NT® Server 4.0, Windows 2000 Server, Windows Server® 2003, Windows Server 2008, or Windows Server 2008 R2.
That’s a complete mess. What can I do then?
You could do nothing and stay on Windows XP for as long as possible. Although we think this will be a very popular choice, staying on a nearly 10 year old OS probably isn’t the best policy for a forward thinking organisation.
You do have a choice
As you are going to have to rip out and replace your computers’ operating systems anyway, now is a real Carpe Diem opportunity to investigate an alternative (or two) whilst considering your options.
The Open Learning Centre recommends that your organisation investigates the many benefits offered by a modern Linux-based desktop operating system such as Ubuntu. As an authorised Ubuntu partner we can help your organisation with evaluation, installation, testing, migration, implementation, training and support services.
Ubuntu Desktop
Ubuntu is a modern, stable, reliable and secure computing platform that includes most of the applications we all use every day, such as a compatible office suite (Word-processing, Spreadsheets, Presentations) OpenOffice.org, email and calendaring, web browsing and image manipulation tools.
Best of all, Ubuntu is free:
Ubuntu is and always will be free of charge. You do not pay any licensing fees. You can download, use and share Ubuntu with your friends, family, school or business for absolutely nothing.
The retail price for a single Windows 7 Professional license is £219.99 and it’s £229.99 for the Ultimate version. This doesn’t include applications either.
Our Offer: On-Site Ubuntu Installation and Training
The Open Learning Centre will visit your premises, install Ubuntu on a suitable computer, and provide approximately 2-3 hours (i.e approx half a working day) of professional training and advice on Ubuntu for £229.991 (inc. VAT). An outline of the training is available on our website. Please contact us to book your Introduction to Ubuntu.
Open your mind to Open Source software today
1. Depending on your location we may need to charge extra for travelling expenses etc.
More book reviews and what I’ve been up to…
I just noticed that I hadn’t posted anything here for what feels like ages – since August the 15th.
So I thought, hmmm, better write something.
But what? A quick update on what’s been going on perhaps? That’ll do…
I’ve been working quite a bit with the brilliant free and open source vtiger CRM recently. Looking at some of the less widely used features and updating our training materials for the recent 5.10 release. I’ve also just submitted a small patch for the Customer Portal feature, to do with its web layout and have been thinking about how best to improve this, and the Webforms modules, to make them easier to customise.
I am also really enjoying using a great little python application called “Getting Things Gnome“. It one of those simple applications which does one job, does it very well and is easy to use. It’s basically an app for jotting down your todo list and making sure you get things done… Here’s what it looks like on my Ubuntu Jaunty desktop:
Getting Things Gnome
I also had a mail from those nice people at Packt Publishing suggesting two new books to look at and review for them, In fact a co-author of one of them actually requested that Packt contact me to do a review 
Flattery indeed.
So, we now have four books in the pipeline in no particular order:
Joomla! and Virtuemart
Alfresco 3
FreePBX 2.5
The Professional's Guide to Asterisk 1.4
Implementing, Administering, and Consulting on Commercial IP Telephony Solutions
- Written by four Asterisk Professionals, this book brings their years of experience together in an easy-to-understand guide to working with Asterisk in small, medium and larger Commercial environments
- Packed with hints, tips, and best practice – learn to avoid the pitfalls that can hinder an Asterisk implementation
- Focused chapters provide thorough, comprehensive, and self-contained instructions on how to deploy Asterisk across different commercial scenarios
This will probably be the first one I read when they arrive next week. It’s hot-off the press, just been released and can be ordered from Packt’s web site here.
My little Asus 1008HA netbook is running very happily with the Alpha build of Ubuntu Karmic Koala. I was at the swimming pool yesterday (not in it but taking my son to his lesson) and using 3G mobile internet to get on line. Battery life is good although not as long as is quoted by Asus. I reckon I get about 3 1/2 to 4hrs of good use. But that is mainly when powering a 3G dongle too – and they get hot. Karmic is shaping up to be a great release I think although to be frank I am really not sure about the new Gwibber interface, and the Empathy IM client hasn’t really floated my boat yet. But hey ho, never mind, at least we have a choice folks.
We are planning some new marketing activities over the coming months, what with the forthcoming release of the best desktop OS of all time and Microsoft releasing their rewrite of Vista, October should be a fun month. Hopefully we’ll have lots of interesting stuff to write about.
In fact I want to share with you a backup script I’ve written in Bash for my home office network and what may well end up being expanded and developed to support some of our commercial systems too. Well I think it’s pretty cool anyway. It wakes up machines in the middle of the night, uses – currently – rsync to back them up, then turns them off again. Configuration is easy and it seems to be working fine. When I get a mo I’ll publish the script source and let you all comment on my terrible bash skills. But I like it…
So there!
Software Patents: The new MAD
With the recent news of Microsoft being told to stop selling MS Word in the US due to it’s infringement of a patent owned by i4i I am really hopeful that perhaps, just perhaps, someone will start to realise just how MAD this all is.
Reading the first story I linked to, there is a reasonably understandable explanation of the patent in question but lets be honest here. Does this sound like an truly new and innovative invention?
“What we have developed at i4i is what’s customarily referred to as ‘customer-centric’ or ‘custom XML,’ which is allowing people to create customer-driven schema — we’ll call it templates or forms. So, while XML is used to tag and to mark the data that’s created, our technology is used to create the whole schema and the management of the data.”
They’ve managed to patent the ability to create your own schema by the sounds of that. Isn’t that what XML is for?
Anyway, I can’t see the good ‘ole boys really winning in the long run. I’m sure it will get over turned when hopefully someone shows up with some prior-art. But it seems to me that with this ridiculous system in the States, they are building their own new version of the Cold War. Remember Mutually Assured Destruction? That’s where they are now.
Businesses like Microsoft, IBM and others build vast portfolios of patents on the most ridiculous things not for their inherent value, but mainly as a safeguard against being sued for infringing someone else’s equally ridiculous patent. ‘If you sue me for patent xyz, then we’ll sue you with zyx’. Then we have the other wonderful group of [ahem] businesses known as Patent Trolls who bring nothing to the party except litigation. Nice.
Who wins out of all this in the long run? The worst group of parasites on the planet (yes, even worse than estate agents): Lawyers.
Surely, the US Government must see the stupidity and waste that this daft situation has created? I really hope that this is the litigious straw that will break the back of the patent camel.
Finally, get this. The last paragraph of that story reports on a patent that Microsoft has just been granted, which they applied for several years ago.
Word-processing document stored in a single XML file that may be manipulated by applications that understand XML
A word processor including a native XML file format is provided. The well formed XML file fully represents the word-processor document, and fully supports 100% of word-processor’s rich formatting. There are no feature losses when saving the word-processor documents as XML. A published XSD file defines all the rules behind the word-processor’s XML file format. Hints may be provided within the XML associated files providing applications that understand XML a shortcut to understanding some of the features provided by the word-processor. The word-processing document is stored in a single XML file. Additionally, manipulation of word-processing documents may be done on computing devices that do not include the word-processor itself.
Hmmm – this appears to have far reaching implications. OOXML, ODF, any word processor supporting XML file formats… Jeez. How the f**k can you call this an invention?
Please, UK Government and the EU Commission, don’t let the patent trolls of the world make you think that software patents are a “good thing”.
Pressure Mounts on Windows Tax?
I wonder…
Since I wrote about getting the Windows license fee refunded on my Asus 1008HA netbook here in the UK, there have been more examples where individuals have had some success.
First we had a story on slashdot in the USA that seemed to be inspired by my own:
Today Amazon credited my card with $65.45. After ordering an Eee PC 1005 HA from amazon.com, I asked them for a refund for the cost of Windows XP via the ‘Contact us’ form. At first they told me to cancel any items on my order that I wanted a refund for, but after I explained that XP was pre-installed on the machine they got it. They asked what the cost of the OS was, and I answered that I had no idea but that Amazon UK refunded £40.00. Within a few hours I got a response saying ‘I’ve requested a refund of $65.45 to your Visa card.’
Then we had some tales of difficulty in getting the refund from Amazon and Ebuyer, although I guess they will capitulate in the end as it seems the law is on our side:
If the retailer is awkward, then the way to a refund is avoid the trap of following the instructions in the EULA. Instead you request that the retailer replace the software with a version that isn’t ‘faulty’ (ie doesn’t have the additional terms and conditions imposed). You didn’t agree to them when you purchased the item and therefore they don’t form part of the contract of sale with the retailer.
The Sale and Supply of Goods to Consumers Regulations 2002 requires that the retailer replace the faulty item, or if that is impossible provide you with a refund. The Sale of Goods Act gives you the right to partially reject items. Essentially you assert your ’statutory rights’.
Simos Xenitellis writes about trying to acquire a machine sans Windows Tax. And finds a few locations. I note that the first comment to his post is suggesting he visit our own site http://nakedcomputers.org for more bare-metal suppliers.
It is very difficult to buy a computer without Windows (that is, to buy it with either Linux, FreeDOS or no OS) in the European market.
Why would you want to buy a laptop without pre-installed Windows?
1. Because you are simply not going to use Windows (for example, you plan to use a Linux distribution)
2. Because your school has an Developer Academic Alliance (formerly MSDN AA) with Microsoft and they provide the Windows software for you
3. Because your organisation has a company-wide agreement for Microsoft software, and you do not wish to pay twice for Windows.
4. Because you somehow have a Windows license or Windows package installation box already.Sadly, when talking to the sales personnel of a manufacturer, it might look an easier strategy to just mention points 2 or 3. There is already some prior knowledge with the sales personnel that large organisations do not need the pre-installed Windows software.
And then we have Venkat Raghavan who has just bought an Asus 1005HA, again from Amazon, inspired by the earlier mentioned Slashdot article, and with not too much trouble has managed to get the Windows Tax refunded:
I’ve been a linux user for quite a while now. I looked to buy a netbook without Windows on it, but due to market conditions, that did not seem possible.
Based on this slashdot article, I went ahead and ordered the same item. (see my report on it here)
The first conversation was over the phone, which did not get me anywhere.
I had better luck over email. They offered me a refund of 10% on the price of the netbook, along with keeping Windows on it.
I however, asked again pointing to the slashdot article and after that they refunded me the price of Windows XP according to the article: $65.45
Thank you amazon for being so awesome!
That’s great. Congratulations on your perseverance and success.
Venkat also describes his experiences installing Ubuntu Netbook Remix and subsequently eeebuntu on his new machine here.
To wrap up this quick post, there is this very interesting news story/rumour about Asus being reported currently, I wonder if the message is finally getting through?
Awesome news from Engadget about the open source future of the next generation of Eee PCs. Their ’spies’ have uncovered information that the first Moblin-running Eee netbooks will be in stores come October. Asus, the Eee PC manufacturer, is apparently considering making open source OSes an option for all their netbooks in the future.
Please keep up the pressure dear readers. If you buy a computer where you do not “need” a Windows license, for whatever reason (see Simos’ suggestions for 4 of them above) then make sure you contact your supplier and request a refund. By all means use links and reports gathered around the ‘net to support your claim.
Hmmm, I think feel a new website idea brewing….
Taxing Times for Free Choice [Updated]
It seems, unfortunately, as though my experience with Amazon was not common place.
Neil Wilson left a comment this morning explaining that his request to Amazon did not meet with the same response as my own…
We are not in a position to offer a partial refund for this product. You can of course return the laptop to us for a full refund if you wish
This appears to be in breach of consumer protection law and, more to the point Microsoft’s own EULA which, if you read it, and then decide to not accept it, clearly states:
“If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund in accordance with Manufacturer’s return policies.”
Some may try and suggest that “product(s)” means the computer in question, but since when have Microsoft started licensing the computer hardware of unknown manufacturers? The EULA is written for the protection of their software, not for some arbitrary computer of which they have little or no knowledge.
Amazon – This is not good. You really do need to do the right thing. I am sure that if you ask Asus, AIUI, or whoever else supplies your computers they will be able to reclaim the License cost from Microsoft and pass it back to you.
Unfortunately, it seems as though Amazon are not the only ones trying to ignore consumers and force us to pay for software we have no need of, nor desire for. Enter Ebuyer (a UK based “stack ‘em high, sell em cheap” etailler)…
Here’s a potential customer’s question being answered this morning by Ebuyer’s E-Note system (E-Notes are Ebuyer’s way to avoid having to provide telephone numbers or email address so you can talk to real people)
Dear x,
Thank you for your response.
I have been speaking to the Product Managers for the Software and Laptops and they have both advised that we would not issue a refund on the OS.
You may return the product for a refund if you are within the time period of 28days after purchase but other then that we are not going to be issuing a refund on the OS.
The Product Manager for the laptops has been speaking to the manufacture and they have come back with the below response regarding the matter:
‘It’s a load of rubbish, I don’t know where this rumor has come from J we started getting people asking for it on the EEE PC when we first produced the XP versions.
We get the odd person phoning up saying this to us but no one gives the cost of XP back and I can understand why they think we would.
I’m sorry we cannot help — I have never heard of any manufacture or reseller giving the money back.’
Kind Regards,
y
Ebuyer Customer Support Team
Dear oh dear Ebuyer…
What a very strangely worded response. The internet is quite awash with people who have successfully claimed a refund for the Windows Tax. Please see this page for a consolidated list of many.
Asus, of whom the above message is referring are not doing themselves any favours by locking themselves into only supplying Microsoft’s Operating System. See this public letter regarding one buyer’s thoughts on the subject.
I would also like to bring to the attention of all vendors what the National Consumer Council, here in the UK, thought about EULAs in February 2008.
The National Consumer Council (NCC) has accused 17 firms, including Microsoft, Adobe and Symantec, of using unfair “end user licence agreements” (EULAs).
The NCC has asked the Office of Fair Trading to launch an investigation.
The NCC said the firms’ EULAs were misleading customers into “signing away legal rights”.
The NCC looked at 25 software packages and said that in 17 instances, the packaging did not tell potential buyers they would have to sign an EULA in order to use it.
While some contained the EULA inside an instruction manual, or let it be read online, this was only after the software had been bought.
“This means that consumers are unable to make informed decisions before they buy a product, yet are being forced to take on an unknown level of legal responsibility,” said the NCC.
After examining the contents of the EULAs, the NCC also said that some contained potentially unfair clauses.
Unfortunately, on the 1st October 2008 the Welsh, Scottish and National Consumer Councils merged with Postwatch and energywatch to form Consumer Focus. And did they maintain a historical record of the old sites? Not that I could find.
Anyway, it boils down to this:
Forcing people to buy something else with what they really want to buy is called bundling. It is now prohibited in France, and it is probably so in the UK too.
Perhaps these vendors need to read about the Sale of Goods Act again.
Neil Wilson described the situation very succinctly in an earlier comment on the same original post.
It is much better that the retail store pays, because they are the ones that are ultimately the channel to market. The more expensive it is for a retailer to stock Microsoft the better.
If the retailer is awkward, then the way to a refund is avoid the trap of following the instructions in the EULA. Instead you request that the retailer replace the software with a version that isn’t ‘faulty’ (ie doesn’t have the additional terms and conditions imposed). You didn’t agree to them when you purchased the item and therefore they don’t form part of the contract of sale with the retailer.
The Sale and Supply of Goods to Consumers Regulations 2002 requires that the retailer replace the faulty item, or if that is impossible provide you with a refund. The Sale of Goods Act gives you the right to partially reject items. Essentially you assert your ’statutory rights’.
I feel that we need to have a bit of a campaign here… Can I request that all readers of this post, especially in the UK, please pass it on, tell others and if you have the time, please write to your MP to make your opinion heard. It is disgraceful that we should be FORCED to pay for software for which we have no need nor desire. Microsoft seem to have successfully closed down many of the earlier Linux bundled netbooks through downright bribery or co-coercion I assume. It is not right.
This is the 21st century, there are other operating systems available which are superior in almost every way and, even better, are free. Just go and download Ubuntu if you don’t believe me and try it out for a few weeks…
[UPDATE]
Neil left a comment below. But just to make sure it doesn’t get overlooked he wrote:
Can I ask that all readers contact the OFT and request that they investigate the use of bundled software EULAs as an unfair practise under the new Unfair Trading Regulations 2008.
Thanks Neil, I’ll do that shortly. Sounds like a good idea.
[/UPDATE]
NB: There is a small but growing band of niche retailers and vendors who will sell you a computer with no operating system pre-installed. The choice is quite limited and the major manufactures seem incapable of escaping the grasp of Microsoft. But if you care to, do visit Naked Computers to see if there is a vendor that can help you.
Getting your Microsoft Tax Refunded: 10/10 for Amazon UK! [Updated]
Yesterday I received a great prize from the people at Miserware for helping with the Beta trial of their power saving software for Linux computers; a new and very shiny Asus 1008HA netbook PC.
The PC itself looks brilliant and I can’t wait to use it. However, it is unfortunate that Asus seem to have been bought-off by Microsoft so they will no longer sell these devices with anything other than Windows software. Software that I for one have absolutely no intention of using.
Turning the machine on for the first time I was amazed at just how long it took for the first-time-run license window to appear. Anyway, it did eventually:
Windows XP EULA Screen
If you can read the text in the EULA on the left, the important bit states:
“If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the unused product(s) for a refund in accordance with Manufacturer’s return policies.”
Do also take a look at the conditions imposed in the second box too (click the images for a big piccy). Basically it says you can’t change your mind once you have said yes and that they don’t actually provide any “warranty” anyway. What complete and utter claptrap. Why on earth do people continue to put up with this rubbish?
And so, when you say you do not want to accept their unfair and ridiculously one-sided licenses, you are told to turn of the machine. Fine. Suits me.
XP says turn off machine.
First off I thought I’d ask Amazon what the correct procedure is for requesting a refund. So I sent them an email from my Amazon account last night (at about 10:00pm):
Requesting procedure for license refund
This morning I had one of those slightly annoying automated replies telling me that because the order wasn’t actually to do with my account (which is correct):
“For security reasons, we can only take action on an account when the request comes from the e-mail address related to that account. Hence we request you to contact us from relevant account.”
There were a couple of helpful links in the mail – one of which was to use if you found the email response hadn’t been helpful or resolved your issue. Clicking that took me to a page on Amazon’s site where I was invited to get them to call me. Within 20seconds or so I was talking to a real person (probably in Ireland from his accent). I explained that I didn’t want the Windows XP software and was intending to format the drive and install Linux (he seemed to understand exactly what I was talking about). He asked what version of Windows was on the computer, and then basically said ‘OK. We’ll refund the cost of the license to the buyer’. And that was it.
I should point out that the chap at Amazon also suggested that I check with Asus that removing the software might invalidate my warranty on the device. I have searched on Google and on Asus’ website and read the Warranty card that comes with the device. I couldn’t see anything that would indicate my warranty would be void if I change the software. I have mailed Asus to try and confirm it will be OK. [Update: I've just had a message back from Asus saying my Warranty will fine. They don't "support" other operating systems but I can understand that completely] Frankly, it would be a pretty USELESS warranty for a computer if it became void by installing new software. But I am not a lawyer so don’t take my word for this and YMMV.
Within a minute or so of ending my phone call with Amazon a copy of an email to the Miserware account holder at Amazon dropped into my inbox.
Dear Melissa/ cc Alan
I have requested a refund to your payment card for this purchase in the amount of 40.00 GBP for this order, as Alan will not be using the Windows XP Software. Refunds usually go through within 2 to 3 business days and you will see this amount credited on your next statement…
Brilliant. I can’t really praise Amazon enough for that. It was easy, simple and no fuss.
I guess my only concern is that the cost of this refund might not get passed back to Asus. But at least the information is in the public domain on this blog. Also, I should think if Amazon had to do this more than occasionally they’d be asking some hard questions of Asus…
Now I need your help dear readers…
I am not yet sure what to put on this machine: Ubuntu Desktop, Ubuntu Netbook Remix, Cruchbang (which I have heard some good things about but not tried) or something else… Suggestions are more than welcome I have plenty of choice! And I plan to use it!
And finally.
Come on Asus, you have some really nice products crying out for a proper operating system and it’s a real shame you have allowed yourself to be stitched-up by Microsoft. If you would like me to put you in touch with the guy responsible for OEMs at Canonical (Ubuntu) Just let me know. I’m sure he’d be delighted to talk to you.
The Google Chrome Key
Back in 1995 something very odd happened. Microsoft released a new version of their operating system, jumping from version 3.x to version 95 which, as well as being a pretty innovative bit of version numbering, brought in a few other new things including the start menu. Now to get the start menu to work they pulled off an astonishing move and added a new key to computer keyboards, not just keyboards made by Microsoft (I am not even sure they did make them at the time) but keyboards made by all manufacturers. This key had a little windows advert on it and was called the Windows key. Quite how the competition regulators let this pass at the time and ever since is a mystery to me, but to this day if you go and buy a Logitech keyboard for your Ubuntu Linux desktop you will have a windows logo staring at you as you type like the eye of Sauron.
Keyboards without a windows key are few and far between. Here is a picture of one from ZaReason.
Todays announcement from Google that they are going to release an operating system may cause keyboard manufacturers to think about their little windows adverts a bit more carefully. Initially Google is targeting netbooks with integrated keyboards, presumably they won’t tolerate a windows logo on the keyboard. If and when the Chrome OS moves to a more desktop like platform will Google start pressing OEMs to add a Chrome key? Or will the key be neutralised to a more generic symbol that doesn’t advertise an operating system at all?
