The Open Sourcerer

Is Canonical Becoming The New Microsoft? [Updated]

[Update: It seems I made my point very badly. Please read this follow-up post where I try to explain what I was asking].

Whoah! Hold on everyone. Let me don my asbestos suit first will you.

Thanks.

Right then. I have been thinking about this post for some time and I think the time is probably right for pressing the old “publish” button.

I am not trying to incite riots or wars in the halls of residence or corridors of power but Canonical/Ubuntu is starting to catch more “bad karma” than is healthy for it IMHO.

• Let’s start with Mono. Yep. It’s been a prickly thorn for many and the concerns expressed are not going away. There’s no point in raking over the old ground; it is just one of the bad-karma attractants in a growing list.
• Then we have Ubuntu One. Proprietary, closed, caused much debate and friction when announced and now the possibility of a Windows version too.
• Next comes dumping GIMP, OOo and other much-loved applications from the default installation of versions of the forthcoming distribution.
• Then the discussion about what closed/proprietary applications should be made available in the Ubuntu repositories.
• Then we have the change of the default search engine from Google to Microsoft Yahoo.
• Then Matt Asay joins as COO which should be, and probably is, good news. Matt is well known, respected and experienced, yet some of his prodigious public commentary tugs at the heartstrings of many a Freedom Fighter.

I don’t really want to comment on the individual points above; the point is that this list is growing…

I really like Ubuntu. I use it everywhere, I help in the Ubuntu-uk irc channel when I can and we [our company] promote Ubuntu to our customers and I [as an individual] to friends and family.

What concerns me is not any particular item in the list above: some I care about, others I do not; as I am sure many of you will do too. It is the increasing volume of criticism and vitriol as a whole. It is getting louder. This, I believe, is indicative of a turning tide that, if we are not careful, will result in Ubuntu losing popularity and more of the FOSS community exercising it’s freedom.

I’m pretty thick-skinned (I think I will need to be with this post!) so if you think I am barking up the wrong tree, or just plain barking, then say so. But I am noticing increasing criticism and anti-Ubuntu rhetoric which is not just because it is becoming more popular, although that is certainly one factor.

Something is changing and I am not sure it is for the good of Ubuntu or our community.

UK Gov Updates Open Source Policy

Remember the Cabinet Office Open Source, Open Standards Re-Use: Action Plan that came out last February?

Well, they’ve updated it. And the bits that they have changed are most welcome:

4. This Strategy does not represent a wholesale change to the Open Source Open Standards Reuse Strategy published in February 2009. It has been updated to take account of comments posted on www.writetoreply.org. The key changes to policy are:

• We will require our suppliers to provide evidence of consideration of open source solutions during procurement exercises – if this evidence is not provided, bidders are likely to be disqualified from the procurement.
• Where a ‘perpetual licence’ has been purchased from a proprietary supplier (which gives the appearance of zero cost to that project), we will require procurement teams to apply a ‘shadow’ licence price to ensure a fair price
  comparison of total cost of ownership. We have also defined the shadow licence cost as either:
  1. the list price of that licence from the supplier with no discounts applied, or
  2. the public sector price that has been agreed through a ‘Crown’ agreement.
• We have clarified that we expect all software licences to be purchased on the basis of reuse across the public sector, regardless of the service environment it is operating within. This means that when we launch the Government Cloud, there will be no additional cost to the public sector of transferring licences into the Cloud.

Which is nice 🙂

But unfortunately, as has been said widely before and again with this update, this is an action plan without any teeth. There is no enforcement, there is no monitoring and there are no penalties for not implementing the plan.

It’s all been said already so this is a short post. Until the Cabinet Office can get this implemented at a departmental level across the government and enforced, it remains essentially a "nice-to-have" objective but not much more.

The Cabinet Office have an Open Source aggregation service that collects various commentary from around the world based on various tags. This one needs the #ukgovOSS tag if you want to write your own piece or even tweet/dent about it.

PS: We have also made a remark or two about this update on our recently started (admittedly rather quietly) and more business-centric Open Source blog that’s on our main web site. We’ve called the blog The Way Out. Please feel free to drop by or add to your feed readers.

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?

Calling Lance Davis – Give us our domains back!

You may recall the now infamous “open letter” [link] to Lance from the CentOS community back at the end of July.

You seem to have crawled into a hole … and this is not acceptable.

At the time it seemed rather coincidental as we were having difficulty trying to get hold of the company we originally used to register several of our domains… Guess who’s the owner/manager of UKlinux.net? Yep. Lance Davis.

We have asked repeatedly for information from them/him but are being met with silence.

It seems virtually impossible to get a solution when the owner of the business goes AWOL. The authorities for domain registrars are being less than helpful too, essentially sending us round in a circle back to Lance.

We really want to get our domains under our control. If anyone has any suggestions how we can circumvent Lance’s absence and unwillingness to acknowledge the problem please comment.

In the meantime, don’t touch UKLinux.net with a proverbial bargepole.

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:

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.

The Ubuntu UK Podcast

A couple of evenings ago we were invited to come and talk about what we do with the team who put together the Ubuntu UK Podcast.

For those who do not know, the team are: Laura Cowen, Ciemon Dunville, Alan Pope, Tony Whitmore and Dave Walker, and a couple of friendly cats. The podcast is an Ubuntu UK Community production and aims:

“… to provide current, topical information about, and for, Ubuntu Linux users the world over. We cover all aspects of Ubuntu Linux and Free Software and appeal to everyone from the newest user to the oldest coder, from the command line to the latest GUI.

Because the show is produced by the Ubuntu UK community, the podcast is covered by the Ubuntu Code of Conduct and will therefore be suitable for all.”

We were made very welcome and even given seats!

They organise the podcast recording session in a more professional way than I had envisaged. They had a big telly showing the running order and some of the content to be read (although for some reason Dave seems to ignore this and just says whatever his notebook tells him) and they had lots of PCs running Ubuntu and even more wires, cables, microphones and other paraphernalia strewn about Tony’s living room.

The recording experience itself was fine and fairly painless apart from one awkward moment where Dave put me on the spot regarding Mono. I hadn’t expected that to come up and I wasn’t really sure that the podcast was the right forum so I stumbled around and then bailed out rather pathetically (hopefully that bit will be magically edited away). But anyway, seeing as we had met most of them before at various events and shows it was a friendly and jovial atmosphere.

Anyway, the podcast is now online (I am listening to it now) so go and grab it and the previous podcasts to be entertained and educated.

Many thanks to the UUPC team for inviting us. We thoroughly enjoyed taking part.

PS: Next time you meet Dave, ask him to pronounce Okular and Rants 😉