EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.19.08

OEM Tactics: Lessons to Learn from BeOS About GNU/Linux

Posted in Antitrust, Dell, GNU/Linux, Hardware, HP, IBM, Law, Microsoft, OLPC, Xandros at 12:41 pm by Dr. Roy Schestowitz

“I once preached peaceful coexistence with Windows. You may laugh at my expense — I deserve it.”

Be’s CEO Jean-Louis Gassée

G

NU/Linux laptops continue to arrive, but Microsoft is working hard to end this. It ought to be emphasised that ASUS has already said that it is now “tied up” with Microsoft [1, 2, 3]. ASUS is not the only one to have come under such imprisonment a relationship, but it incidentally spoke out about it. It’s the usual pressure tactics, whose goal is to have distribution of Linux curtailed or neglected.

There’s lots more to to speculate about. ASUS picked Xandros, which has some iffy past with Microsoft, never mind under the Corel flag.

More worryingly, have people forgotten that Xandros is a patent ally of Microsoft? In simple terms, despite the claims from the CEO of the company, ASUS is carrying a liability which can then be passed to users in the form of burden/cost that’s brought as incentives to Microsoft. This is extortion. Software patents are void in this case as nothing was ever shown.

OEM pressure tactics were covered quite extensively before, but a reader has sent us a pointer to the following strong message from 1999. We reproduce it below. The anonymous reader added: “Here’s an interesting comment with first hand experience about how hard it is to overcome Microsoft.”


Jean-Louis Gassée on why PC manufacturers don’t sell non MS products

* To: info-policy-notes <info-policy-notes@essential.org>
* Subject: Jean-Louis Gassée on why PC manufacturers don’t sell non MS products
* From: James Love <love@cptech.org>
* Date: Fri, 26 Feb 1999 12:05:55 -0500
* Organization: http://www.cptech.org
* Sender: jamie@essential.org

This important essay by Jean-Louis Gassée is a devastating
critique of the 1995 DOJ/Microsoft consent agreement and
a clear explanation to the barriers facing MS competitors
in the OS market.
Jamie

http://www.be.com/aboutbe/benewsletter/volume_III/Issue8.html#Gassee

Be Newsletter
Volume III, Issue 8, February 24, 1999

Crack in the Wall
By Jean-Louis Gassée

You’re the CEO of a PC OEM, delivering some great news to Wall
Street: “In an effort to offer greater variety and performance
to the customer, our factory now installs three operating systems
on the hard disk — Windows, Linux, and the BeOS. The reaction
has been spectacular. Customers love having a choice of OS, and
the press — from John Dvorak in PC Magazine to John Markoff in
the New York Times to Walt Mossberg in the Wall Street Journal –
has heralded us for our bold move. This is a great step forward for
the consumer and for the industry. Oh, and by the way, we lost
$50 million since we no longer qualify for Windows rebates. But it’s
a sacrifice for the common good.”

You’re now the ex-CEO of a PC OEM.

We know that the Windows rebate scheme exists — but what *is* it,
exactly? And why are so many OEMs afraid of losing it? Windows
pricing practices are closely guarded secrets, so we don’t know
exactly how the rebate is structured, but we can assume that it works
something like this: The total cost of a Windows license consists
of a base price offset by a rebate. The base price is set; the
rebate is flexible, and contingent on the “dedication” of the licensee.
That is, the more you “advertise” the product — through
prominent positioning, expanded shelf space, and so on — the
greater your rebate. This quid pro quo rebate looks innocent enough,
and can be a useful tool in a competitive market.

But when you’re running a monopoly — and when it comes to
out-of-the-box, consumer-grade PC clones, Microsoft *is* a monopoly –
“prominent positioning” and “expanded shelf space” have little meaning.
Microsoft has no interest in getting “more” footage on the OS shelf,
because they’ve already got it all. What interests them — the only
useful advantage they can “buy” (to be kind) with
their rebate — is to ensure that no one else will get any.

So how is “dedication” measured? A real-life example: We’ve been
working with a PC OEM that graciously — and bravely — decided to
load the BeOS on certain configurations in its product line. However,
there’s a twist in their definition of “loading.” When the customer
takes the machine home and starts it up for the first time, the
Microsoft boot manager appears — but the BeOS is nowhere in sight.
It seems the OEM interpreted Microsoft’s licensing provisions to mean
that the boot manager
could not be modified to display non-Microsoft systems. Furthermore,
the icon for the BeOS launcher — a program that lets the user shut
down Windows and launch the BeOS — doesn’t appear on the Windows
desktop; again, the license agreement prohibits the display of
“unapproved” icons. To boot the “loaded” BeOS, the customer must read
the documentation, fish a floppy from the box and finish the
installation. Clever.

One suspects that Linux suffers from the same fealty to Microsoft’s
licensing strictures. Linux is the culmination of 30 years of
development by the Unix community. Surely an OEM can’t complain
about Linux’s quality or its price: It’s good, and it’s free. If
Microsoft licensees are as free to choose as Microsoft claims they
are, why isn’t Linux factory installed on *any* PC?
If you randomly purchase 1,000 PC clones, how many have any OS other
than Windows loaded at the factory? Zero.

But what about all these announcements from companies such as IBM,
Dell, and others? A few URLs are supplied here for your convenience:

<http://www.dell.com/products/workstat/ISV/linux.htm>
<http://www.compaq.com/isp/news_events/index.htm>
<http://www.compaq.com/newsroom/pr/1998/wa111298a.html>
<http://www.hp.com/pressrel/jan99/27jan99.htm>
<http://www.hp.com/pressrel/jan99/27jan99b.htm>
<http://www.software.ibm.com/data/db2/linux/>

If you parse the statements, Linux is offered and supported on servers,
not on PCs. Another IBM story is that installation is to be performed
by the reseller on some PCs or laptops, not by IBM at the factory.

As an industry insider gently explained to me, Microsoft abides by a
very simple principle: No cracks in the wall. Otherwise, water will
seep in and sooner or later the masonry will crumble.

Guarding against even the smallest crack is important to Microsoft,
because it prevents a competitor from taking advantage of a phenomenon
that economists call the “network effect.” The “network effect”
manifests itself as an exponential increase in the value of a product
or service when more people use it. Applied to a computer operating
system, the effect works like this: As more people install and use an
OS, the demand for applications increases. Developers respond to the
demand, which attracts the attention of OEMs and
resellers, who promote the OS in order to sell the apps, which attracts
more customers… The key to all this is distribution and visibility —
in other words, “shelf space.”

Bill Gates understands the network effect well — he once quoted it to
me, chapter and verse. In the Fall of 1983, when I was still running
Apple France, I met with Bill in Paris and we got into a conversation
regarding the market share limitations of DOS. No problem, he said, with
the wide distribution we enjoy, we’ll get the attention of third
parties, and the marketplace will fix these shortcomings.

This puts statements by senior Microsoft executive Paul Maritz in
perspective. In reaction to my claim that Be wants to co-exist with
Microsoft, Mr. Maritz said (as quoted by Joseph Nocera in Fortune
Magazine):

“[Gassee is] articulating his strategy for entry into the
operating system marketplace. But on the other hand, I
know that Be has built a full-featured operating system,
so what I believe he’s doing here is outlining his
strategy about how he will initially co-exist with Windows
and, over time, attract more applications to his
platform.”

Mr. Nocera interpreted Mr. Maritz’s interpretation thus:

“In other words, Gassee’s spiel is little more than a
trick intended to lull Microsoft. But Microsoft isn’t so
easily fooled! Microsoft will never ignore a potential
threat to its Windows fortress, no matter how slight. The
software giant may be in the middle of an antitrust trial,
but — as Andy Grove says — only the paranoid survive…”

[The entire article, part of a court house diary, can be found
at <http://www.pathfinder.com/fortune/1999/03/01/mic3.html>.]

Industry sages such as T.J. Rodgers, the CEO of Cypress Semiconductors,
as well as venture capitalists aligned with Microsoft, criticize the
Department of Justice’s intervention in the new Pax Romana we’re
supposed to enjoy under Microsoft’s tutelage. Don’t compete in court,
compete in the marketplace, they say.

I’m a free marketer myself; I left a statist environment for the level
playing field created by the rule of law in this, my adopted country. A
free market is *exactly* what we want. One where a PC OEM isn’t
threatened by financial death for daring to offer operating systems
that compete with the Windows monopoly.

We started with a thought experiment. We end with a real-life offer for
any PC OEM that’s willing to challenge the monopoly: Load the BeOS on
the hard disk so the user can see it when the computer is first booted,
and the license is free. Help us put a crack in the wall.


This is not a healthy state of trade, is it? Intel is constantly accused of using the same tricks and breaking the law.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 22/5/2013: Debian GNU/Hurd, New Go Language Release

    Links for the day



  2. The FRAND Apple-Microsoft Conspiracy Attempts to Destroy Android/Linux, Ban Imports

    How Microsoft and Apple are using patents in bulk (sometimes acquired in unison, e.g. from Novell and Nortel) to artificially lower market saturation of the Android operating system or drive costs up



  3. Gates Foundation: Buying Influence for Bill's Ego and Bill's Profit

    New examples of power being acquired and investments (i.e. for profit) being funnelled into the beneficiaries



  4. Bill Gates Enters Financial Centres With His Goons Becoming US Budget Chief, Top Bankers

    How Bill Gates' staff is entering positions of financial power, indirectly giving Gates power over US (national and international) finance



  5. IBM Ignores Small Companies' Interests, Denies Patent Scope is a Problem, Focusing on Its Own Problems (Trolls) Instead

    How David Kappos and IBM (his longtime employer) continue to ignore the obvious problem which kills small businesses and everyone is complaining about



  6. The New York Times Publishes Factually-Flawed Patent Propaganda Benefiting Microsoft and Apple

    Eamonn Fingleton is rewriting history in the US' top newspaper, insinuating that patents contributed to the rise of software duopolists



  7. Software Patents Eligibility Likely to be Decided by SCOTUS

    Analyses suggest that an escalation by appeal to SCOTUS is likely to be the next stage in 'Bilski 2.0'



  8. Does Bill Gates Try to Flush GNU/Linux Down the Toilet in Kerala?

    Renting Microsoft software rather than using Free (as in freedom, or libre) software?



  9. Links 21/5/2013: Handbrake Turns 0.9.9, NetBSD 6.1

    Links for the day



  10. Links 20/5/2013: First Salifish Smartphone, Mageia 3 Released

    Links for the day



  11. Microsoft Corruption (Illegal Tenders) Stopped by European Court

    Microsoft cannot bypass public tenders, based on a ruling from a court of law in Europe



  12. Not Satire: Microsoft Wants to Show the World How Security is Done

    Software security 'standard' to be led by the company which made insecurity an acceptable engineering practice?



  13. Microsoft is Struggling to Maintain Industry 'Standards'

    With Microsoft's common carrier and browser share down considerably Microsoft finds itself increasingly irrelevant and it tries subversive means of making another comeback



  14. Microsoft Entryism and Bribery Get the Microsoft Way Implemented

    A recollection of very dirty tactics from Microsoft, which uses money to oppress, overthrow, and even hijack its opposition



  15. Patent Policy Laundering in the European Union and New Zealand

    How the so-called 'free' trade agreements help spread patent policy which favours software patents



  16. Ongoing Focus on Patent Litigation and Patent Trolls Reduces Focus on Software Patents

    The problem with increased focus on the players that use software patents litigiously and the litigation itself



  17. Andrew Y. Schroeder Shows That Patent Lawyers Are Sociopaths

    Bully and law misuser is trying to get his way with foul language, intimidation, and sheer lack of professionalism



  18. IBM-backed Book on 'Open Innovation'

    OpenForum Europe (OFE), which helps IBM's turf wars in Europe, releases a new book filled with its talking point



  19. Joseph E. Stiglitz Criticises the Patent System

    More critical words about the patent system and the way it is harming lives



  20. Senator Schumer Should Focus on Software Patents, Leaving Patent Trolls (Side Effect) Aside

    Reform in the USPTO and the US courts should focus on patent scope and not patent holders



  21. Links 20/5/2013: Plenty of Linux News, Google/Android Announcements

    Links for the day



  22. IRC Proceedings: May 12th, 2013-May 18th, 2013

    IRC logs for May 12th, 2013 (and subsequent days until May 18th, 2013)



  23. Microsoft Spin Regarding Skype Spying Does Not Withstand Scrutiny

    Microsoft's response to allegations that Skype is spying on all users is full of holes



  24. MPEG-LA Ruined the Licence of WebM, Made it Less Freedom-Respecting

    The Microsoft-, Nokia-, and Apple-backed patent troll appears to have ruined the freedom assured by Google's multimedia format, which was previously made free only after public pressure



  25. Microsoft-controlled Nokia is Lobbying to Enable Bans on Android Imports (Linux Phones as a Whole in Danger)

    Nokia is shown lobbying for embargoes while it is also suing -- with limited success -- Android handsets makers



  26. Courtroom and New Book Recognise That Software Patents Correspond to Mathematics and Mathematics Abused in Court

    Important observations about the nature of computer-implemented 'inventions', or software patents



  27. The Reality Distortion Field of Patent Lawyers Helps Impede Abolition of Software Patents

    How widespread coverage and talking points from the tiny minority which is patent lawyers have contributed to biased and at times utterly distorted reporting on the subject of software patents around the world



  28. Eugene Kaspersky Says Patents Harm Innovation

    Some more criticism of the patent system and software patents in particular, courtesy of Eugene Kaspersky



  29. UEFI Restricted Boot Good for Microsoft Agenda, Not for Security

    News and analysis of UEFI 'secure boot' (lockdown), including the new role played by the Microsoft-funded SUSE



  30. Anniversaries

    Sites that deal with patents and with FUD as well as their respective ages


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts