Linux Networks & the Competition Act (Was: Fwd: [d at DCC] Competition Act)

[ted leslie]

just some thoughts,

- MS isn't a monopoly , it was, it is a big company that extorts (now), but a monopoly? saying its a monopoly (on OS), means you don't really think to highly of linux?
- MS can legally run on VM, you just have to pay for the version that does, the higher priced version.
- I did some reading years ago, and found some stuff that seemed to indicate MS agreements that running the cheaper copies on VM, may
not be binding in Canada. is your fight for Canada or US?

I agree in principle to what you are saying, but i think MS has covered their bases, by allowing it to run, just that you have to pay more.
Looking at it, from MS side, they don't like VM, because it allows licensing to be skirted a bit more, i.e. clone VM's. They get you
on SP upgrades, and HW changes that trigger license "call ins", but in general it opens them up to having their wares cloned. It also 
impacts there WTS product sales line revenue.

MS is pretty sneaky (obviously), they know with MONO, and silverlight, they would have had trouble , especially in Europe,
as if they are to replace flash, then there is your HUGELY tied issue. But by giving mono/moonlight just enough rope (freedom),
they can technically skirt the tied issue (and they [MS] look after the Mac version).

I still think MS biggest vulnerability (to prosecution), is their blatant extortion with patent threats. Not the actual threat itself,
but why no details of the (possible) infringements seem to be published .. like the SCO debacle. Mark Ubuntu says its clear extortion, I wonder
why no one has been able to call MS on it? Seems to me they should be locked up for life just on that one alone.

-tl

On Tue, 16 Jun 2009 11:10:45 -0400
Scott Elcomb <psema4-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org> wrote:

> I suggested to Darryl that TLUG has some respectable thinkers who
> might have some thoughts or advice on this.  Any takers?
> 
> ---------- Forwarded message ----------
> From: Darryl Moore <darryl-90a536wCiRb3fQ9qLvQP4Q at public.gmane.org>
> Date: Tue, Jun 16, 2009 at 9:16 AM
> Subject: [d at DCC] Competition Act
> To: d at dcc <discuss-WolORMuebV4TBNh8kXeBKqyvx2GgBOVq930Pai70D+E at public.gmane.org>
> 
> 
> Hi List.
> 
> I'm posting this here because I know there are a lot of people on this
> list who care about fair IP laws, and fair business practices. Many of
> them are Linux fans as well. The linux lists I subscribe too are all
> technical lists with few people that have an interest in legal issues.
> Particularly Canadian ones.
> 
> If you do not care about Open source or violations of the Competition
> Act, then read no further and I apologizes for spamming your mailbox.
> 
> 
> I am trying to build a full featured native Linux network for
> businesses. One of the difficulties I will have in selling such a
> network, obviously, is the dominance of Microsoft operating systems.
> Note the following.
> 
> (1) Because of their virtual monopoly, just about all companies will
> have at least one software package that can only run under windows.
> 
> (2) Many small companies use only the version of windows that came on
> the machine when purchased.
> 
> (3) Due to MS market dominance, MS can insist upon payments from OEMs
> for their software, and third party software vendors are willing to pay
> to have their MSWin compatible software included in OEM machines. The
> net result is that the cost of windows on a OEM machine is effectively
> negative, as can be witnessed when doing online price comparisons.
> 
> (4) MS EULA prohibits the insertion of virtual machine software between
> the physical hardware and the operating system on low end OEM supplied
> operating systems. This effectively eliminates the ability for Linux (or
> other OSes) to compete (see point 1)
> 
> 
> The last point I believe meets the definition of tied selling under the
> competition act
> 
> 77. (1) For the purposes of this section, "tied selling" means
> (a) any practice whereby a supplier of a product, as a condition of
> supplying the product (the "tying" product) to a customer, requires that
> customer to
> (ii) refrain from using or distributing, in conjunction with the tying
> product, another product that is not of a brand or manufacture
> designated by the supplier or the nominee, and
> 
> In this case customers are being prohibited from using Linux and virtual
> machine software in a reasonable way with the Windows operating system
> they purchased. The prohibition of installing Linux and running the
> supplied Windows operating system inside linux on the same machine has
> the effect of significantly reducing the appeal of linux.
> 
> The MS EULA convieniently refines hardware to include a software
> environment provided by VM software. I do not believe this is valid. It
> is an effective prohibition on using VM software and alternate operating
> systems contrary to section 77(1)(ii). It is no different really than
> specifying that MS windows cannot be used with Norton AV for example,
> which would be an obvious violation.
> 
> section 79 of the act states that a dominant company that engages in
> this practice and negatively affects the market is in violation of the act.
> 
> I want to lodge a complaint with the Competition Bureau to this effect,
> but I need 5 other people to sign it.
> 
> If anyone else here agrees with the above and wants to participate
> please reply either privately or in this list.
> 
> 
> Thanks,
> Darryl Moore
> _______________________________________________
> Discuss mailing list
> Discuss-WolORMuebV4TBNh8kXeBKqyvx2GgBOVq930Pai70D+E at public.gmane.org
> http://list.digital-copyright.ca/mailman/listinfo/discuss
> 
> -- 
>   Scott Elcomb
>   http://www.psema4.com/   @psema4
> --
> The Toronto Linux Users Group.      Meetings: http://gtalug.org/
> TLUG requests: Linux topics, No HTML, wrap text below 80 columns
> How to UNSUBSCRIBE: http://gtalug.org/wiki/Mailing_lists
> 


-- 
ted leslie <tleslie-RBVUpeUoHUc at public.gmane.org>
--
The Toronto Linux Users Group.      Meetings: http://gtalug.org/
TLUG requests: Linux topics, No HTML, wrap text below 80 columns
How to UNSUBSCRIBE: http://gtalug.org/wiki/Mailing_lists