Taking HP to the BBB...?

[Jamon Camisso]

I. Khider wrote:
> Hello All,
> 
> What does TLUG think of reporting HP to the Better Business Bureau about 
> their anti-Linux policy?
> 
> Linux is used in the business and public service world, and this policy 
> goes against that. I agree tech support can be voided, but not hardware. 
> I have filed reports against big business before and think maybe this it 
> is time to do so again. I suppose I would have to buy the machine before 
> I file the report...or not?
> 
> HP has 'business laptops', so their policy is anti-business. They are 
> not selling what is advertised.
> 
> Anyway, what does everyone here think about the feasibility of this?

Yours is a clear case of exclusive dealing and perhaps tied selling, not 
false advertising etc. However, I'm not sure what Canada says about it 
outside of the banking world e.g. 
http://www.fcac-acfc.gc.ca/eng/consumers/rights/tiedselling/rightstiedselling-eng.asp

"However, banks in Canada are not allowed to engage in "coercive tied 
selling" or "forced purchases". This means that banks are not allowed to 
unduly pressure or coerce you into obtaining a product or service from 
them or from their affiliates, as a condition for obtaining another 
product or service from them. This practice, called coercive tied 
selling, is illegal in Canada."

More relevant to your purposes is the Competition Bureau:
http://www.stratdemo.ca/eic/site/cb-bc.nsf/eng/01246.html

You have to prove the following (quoting):

The exclusive dealing, tied-selling and market restriction sections of 
the Competition Act may apply when the following conditions are met:

     * The conduct is engaged in by a major supplier or is widespread in 
a market. A firm with less than 35 percent market share is not generally 
considered to be a major supplier. However, market share is only one 
factor that must be considered. Others include the existence of barriers 
to entry that limit competition, a lack of substitute products, and lack 
of competition among existing suppliers.
     * The conduct in question constitutes a practice. Different 
restrictive acts considered together, as well as repeated instances of 
one act with one or more customers, may constitute a practice.
     * The restrictive practice discourages a firm's entry into, or 
expansion in, the market; in other words, you must show an exclusionary 
effect.
     * The practice has substantially lessened competition, or is likely 
to do so. This may happen when the supplier's restrictive practice 
prevents, for example, a rival's entry into the market, potential 
competition, product innovation or lower prices.

I know from experience that with Lenovo when buying a thinkpad last 
year, speaking to a manager and mentioning exclusive dealing and tied 
selling quiets them down pretty quickly. I got a $75 credit because I 
refused to accept the vista eula. At first Lenovo said that they 
wouldn't honour the license from microsoft that plainly explained that 
the oem is responsible for refunding a customer's money. After reading 
it to the manager over the phone he admitted that they don't have an 
actual price of windows to refer to, which is when I noted the 
competition bureau would probably have something to say about that.

I was also told that Linux would not allow me to use my warranty if it 
was installed on the thinkpad with no version of windows that their 
technicians could use. That despite the fact that Lenovo offered SuSE on 
the very Thinkpad that I purchased..

Jamon
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