Open source company prepares MS competition complaint

An open source software company wants Australia's competition watchdog to force hardware vendors to offer PCs without a Microsoft OS pre-installed and force changes to a public education procurement process it claims is biased towards Redmond.

Melbourne-based Cybersource said it would lodge a complaint with the Australian Competition and Consumer Commission (ACCC) tomorrow over anti-competitive tactics allegedly used by Microsoft to unfairly "suck" money from the consumer. The complaint is also expected to cover what the company alleges is bias towards Microsoft in software procurement in the public education sector.

Cybersource's chief executive Con Zymaris said his main objection is that consumers are 'forced' into buying a copy of Windows with every PC purchase.

"It is near-impossible for consumers to purchase a desktop PC or laptop without also having to purchase an OEM copy of Microsoft Windows. All tier-1 and tier-2 vendors should be required to offer their products without an operating system pre-installed. The price difference should also be clearly and broadly presented at retail outlets, on vendor marketing literature and vendor Web sites," said Zymaris.

The second part of Cybersource's complaint asks the ACCC to investigate the fairness of government school purchasing practises. According to Zymaris, he has been "trying to engage [governments]" on this subject for more than two years.

"Government schools do not run open tenders whereby competitors to Microsoft can pitch solutions. They only run tenders to see which Microsoft reseller gets the business. It's like the equivalent of governments bypassing all other vendors when tendering for fleet cars and only going to Nissan. This is utterly wrong and we want that changed," said Zymaris.

Zymaris told ZDNet Australia  that Cybersource has published a white paper on its Web site entitled "The Cost of Software Monopoly: How Australian Consumers Lose", which outlines how Microsoft's stranglehold over the PC desktop could be loosened to increase competition and offer more choice to the consumer.

According to Zymaris, Microsoft has "sucked" more than AU$1 billion from Australian consumer's pockets over the past five years by abusing its virtual monopoly of the desktop operating system market.

"If you do the sums, it adds up. Microsoft would make at least AU$100 off each PC sold in this country every year. Two million PCs means AU$200 million from OEM Windows alone. Add Office and everything else and AU$1 billion doesn't look that hard to reach," said Zymaris.

Fellow open source developers seem reluctant to back Cybersource's actions.

SuSE Linux, which is owned by long time Microsoft rival Novell, said it would not comment on Cybersource's complaint to the ACCC. Instead a Novell spokesperson said SuSE is "optimistic" about the growth of Linux on the desktop.

"We recognise Microsoft's current strength in the marketplace, but Novell is firmly committed to giving customers choice in terms of offering open source solutions as a secure, cost effective and viable alternative to proprietary operating environments. We are optimistic about the future growth of open source and Linux solutions and being competitive in the desktop market," the spokesperson said.

The ACCC declined to comment on the matter.

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Talkback 15 comments

    Go for it, Con! If the ACCC ca ...Anonymous -- 28/07/05

    Go for it, Con!

    If the ACCC can't see this argument about the 'MS tax' there is something very wrong. I have lost track of where we are with the MS refund policy.

    I will make one comment, though. It is getting easier to find small PC shops who will build a PC without windows, although where I live getting laptops so configured is much harder, probably impossible. The MS argument will be that pirated versions of windows will always be installed. Frankly, who wants the thing anyway? Even my mother in law is happy with Suse/KDE on a Pentium 11.

    Boycott Dell, HP, Gateway The ...Anonymous -- 29/07/05

    Boycott Dell, HP, Gateway

    The major computer OEMs such as Dell, HP, and Gateway are refusing to offer CONSUMERS a non-Microsoft choice.

    These OEMs are anti-competitve and anti-consumer-choice.
    They continue to maintain Microsoft's desktop monopoly.

    I suggest not doing business with these companies
    until they offer a serious non-Microsoft choice to CONSUMERS.

    > Boycott Dell, HP, Gateway ...Anonymous -- 29/07/05

    > Boycott Dell, HP, Gateway

    It would be awesome if it were that simple. Unfortunately, it isn't.

    First, if you want tier 1 product, you need to buy from a tier 1 vendor. No two ways about it.

    Second, these OEM vendors are _forced_ by Microsoft to offer Windows on _all_ systems, due to the nature of their contract with Microsoft. Microsoft gives them huge discounts (something like 50%) if they promise that they won't ship desktop and notebook systems without Windows. If they select not to do that (i.e. not take MS offer) they lose the discount and their system cost goes up significantly, which they naturally see as a bad thing (it erodes their profits). Given the current percentage of systems that would be shipped with alternative OSes or without one, the OEMs choose to anger those minority customers over losing a big discount from MS, because it cost them less.

    Microsoft, being a bunch of smart business people, know all this and have been playing this game for quite some time now.

    Hopefully, ACCC find that it is within their mandate to do what Con is asking of them.

    Hear hear!! It's about time th ...Anonymous -- 29/07/05

    Hear hear!!

    It's about time the unfair Microsoft Tax was abolished !!

    What other industry segment tolerates such blatant monopolistic behaviour??

    Luckily I can build my own boxes to avoid the unfair MS tax but what about the average consumer?

    It's all about time.

    I bought a HP AMD64 bit 3400+ ...Anonymous -- 29/07/05

    I bought a HP AMD64 bit 3400+ processor equipped computer because it was the best price I could find.
    Any other computer I priced that did not have to have Windows XP installed was more expensive, either with or without an operating system installed.
    Is this because OEMs are only able to get a good deal or Operating System support from Microsoft if they put Microsoft on every computer let alone a competitor's Operating System?
    I got deleted Window's XP right away and installed the 64 bit Fedora Operating system and it makes the machine a honest to goodiness 64 bit computer. Of course I don't have a license to XP on anything other than this HP computer so I suppose I have paid a $100 bucks to have an XP activation stamped on the back of my box.
    Install a new device and need to put in a new driver from the Window's cd? What cd? Ha! Damn, Bill you just about have got it all covered? Why don't we just eliminate all this balogna and just let me send you a 100 dollars from my tax rebate once a year.

    The UK Office of Fair Trading ...Anonymous -- 29/07/05

    The UK Office of Fair Trading have been investigating Microsoft Schools Agreement for two and a half years. MSSA requires schools to pay an annual license fee for every pentium based PC. So if an Open Source company supplies a machine with no MS software the school still has to pay. This seems contrary to Articles 1 and 2 of the 1998 competition Act in the UK. UK legislation is based on EU law. So if MSSA is illegal in the UK it probably is in every member state in the EU.

    Sorry guys but the DOJ ruling ...Anonymous -- 30/07/05

    Sorry guys but the DOJ ruling means Microsoft has no hand in what the OEM vendors do when it comes to selling their product with or without Windows, this is an OEM decision, nothing Microsoft can enforce or define...DOJ will not let them

    John, you state: "Sorry g ...Anonymous -- 31/07/05

    John,

    you state:

    "Sorry guys but the DOJ ruling means Microsoft has no hand in what the OEM vendors do when it comes to selling their product with or without Windows, this is an OEM decision, nothing Microsoft can enforce or define...DOJ will not let them."

    How do you know? Are you privvy to the secret deals which the OEMs and Microsoft strike?

    Why does _every_single_OEM_ refuse to ship client-side systems without Windows? Don't you smell a rat? I do.

    Anyway, from what I understand, this complaint to the ACCC is to try and force the OEMs to offer OS-less PCs, to help level the playing field. It's not intended to stop Microsoft from forcing OEMs to ship Windows.

    re Boycott Dell, HP, Gateway: ...Anonymous -- 31/07/05

    re Boycott Dell, HP, Gateway:

    Action by the individuals on the ground is the only way to make changes happen! Division & fear is what M$ thrives on.

    I repair & service computers everyday, & I will always advice against any dealings or purchases with Dell ,HP & Sony, if there is a manufacturer that offers a choice of wether you have to pay M$ Tax.

    Everyday I am asked for my opinion on what is a good purchase deal on a laptop, there is absolutely no way in hell I'm going to recommend anyone to a lock in trap!

    I run Linux, (Kanotix) on my work computer, customers will always see me working in Linux & I do dual boot Linux/Win installs for many.

    You won't see a Micro$oft logo in my shop.
    I don't sell Norton's AV, or M$ Office etc.
    I get them to use all the best tools available like AVG Free edition, firefox, Open Office, etc.
    It's about what's the best tool for the job, not whether it's free or not, it's got to do the job first.

    People are looking for independent advice, not salesmen. I never have to advertise, I'm flat out keeping up as it is.

    Now the question is, who's going to stand up & be counted?

    My independent advice is what I get paid for.

    It's rediculous to force compa ...Anonymous -- 01/08/05

    It's rediculous to force companies to offer a product which they don't want to offer. How about you guys walk into a McDonalds and demand them to sell you some fried chicken!! Look, if these major resellers, such as Dell, HP, etc are receiving a financial incentive NOT to sell other products, then maybe a law in in order to prevent that, but if HP don't offer it simply because tere is not enough demand, or they just don't want to, who are you to force them to do it?? This is yet another crusade by Mr Zymaris to try and drum up more business for his company.

    Hi Sly. Please read this summa ...Anonymous -- 01/08/05

    Hi Sly. Please read this summary of what I discussed http://www.begroovy.com/wordpress/?p=222. The upshot of this is Microsoft cannot force an OEM to load Windows and cannot take action for not doing so. Therefore an OEM who sells nothing but Windows does so because it fits their business cycles, not because Microsoft makes them do it.

    Microsoft shall not retaliate against an OEM by altering Microsoft?s commercial relations with that OEM, or by withholding newly introduced forms of non-monetary Consideration (including but not limited to new versions of existing forms of non-monetary Consideration) from that OEM, because it is known to Microsoft that the OEM is or is contemplating:
    1. developing, distributing, promoting, using, selling, or licensing any software that competes with Microsoft Platform Software or any product or service that distributes or promotes any Non-Microsoft Middleware;

    2. shipping a Personal Computer that (a) includes both a Windows Operating System Product and a non-Microsoft Operating System, or (b) will boot with more than one Operating System; or

    3. exercising any of the options or alternatives provided for under this Final Judgment.

    In otherwords, the bootloader license that microsoft uses to stop alternative operating systems from being bundled by OEMS is as good as dead, assuming there isnt a hidden loophole soemwhere else in the agreement. This is /great/ news for the alternative OS community, although it does not help alleviate any of the other monopolistic issues (bundling, etc). The word is that the states are not planning on signing the agreement, and may continue the case without the DOJ. This would mean that not only does Microsoft have to follow this agreement, but they also become subject to whatever punishment is given to them by the trial with the 17 various states. So cheer up.. it may turn out ok after all.

    Jason, I agree with you. You s ...Anonymous -- 01/08/05

    Jason,

    I agree with you. You state:

    "Look, if these major resellers, such as Dell, HP, etc are receiving a financial incentive NOT to sell other products, then maybe a law in in order to prevent that."

    This is exactly what is happening.

    There is information which says that Microsoft is making it so that these vendors would lose financially if they offered alternatives to Microsoft on the desktop.

    John, I think you would agree ...Anonymous -- 01/08/05

    John,

    I think you would agree with me that Microsoft can find coercive and pursuasive methods to keep its OEM hardware vendors in line and yet still comply with the consent decree.

    I think we both know how business really works.

    John, I think you would agree ...Anonymous -- 01/08/05

    John,

    I think you would agree with me that Microsoft can find coercive and pursuasive methods to keep its OEM hardware vendors in line and yet still comply with the consent decree.

    I think we both know how business really works.

    Wonder how long it will take the ACCC to respond? Crazy John -- 06/08/05

    I seem to recall that it took them ages to respond to the SCO
    fiasco.

    Anyone have any ideas?

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