Bonum Certa Men Certa

Vista 11 Has Burned OEMs and Some Move to GNU/Linux

posted by Roy Schestowitz on Apr 21, 2025

Recent: In Some Countries the Largest OEMs Already Dump Microsoft Windows | Expect GNU/Linux to Rise Sharply in China

Europe is looking for ways to leave Microsoft behind and, as shown yesterday, some OEMs make it easier. The "good news", as a reader put it, is that for the "1st time in 25 years" one can deduct the cost of Windows when purchasing a new PC. "One can hope that the OEMs break from Microsoft again," he said. "Though I guess that anyone who even remembers the illegal per-processor fees is long since retired. Those never really went away. Technically they ended, yet were replaced almost immediately with the economic equivalent 'partnerships' and advertising partnerships."

Here's what the US Department of Justice published more than 30 years ago (before Windows 95):

FOR IMMEDIATE RELEASE                                          AT
SATURDAY, JULY 16, 1994                            (202) 616-2771
                                               TDD (202) 514-1888

MICROSOFT AGREES TO END UNFAIR MONOPOLISTIC PRACTICES
WASHINGTON, D.C. -- Microsoft, the world's largest and dominant computer software company, agreed to end its illegal monopolistic practices after the Department of Justice charged that the company used unfair contracts that choked off competition and preserved its monopoly position. The company agreed to settle the charges with a consent decree that will prohibit Microsoft from engaging in these monopolistic practices in the future. Microsoft, which makes the MS-DOS and Windows operating systems used in more than 120 million personal computers, was accused of building a barricade of exclusionary and unreasonably restrictive licensing agreements to deny others an opportunity to develop and market competing products. Attorney General Janet Reno said, "Microsoft's unfair contracting practices have denied other U.S. companies a fair chance to compete, deprived consumers of an effective choice among competing PC operating systems, and slowed innovation. Today's settlement levels the playing field and opens the door for competition." "Microsoft is an American success story but there is no excuse for any company to try to cement its success through unlawful means, as Microsoft has done with its contracting practices," said Anne K. Bingaman, Assistant Attorney General in charge of the Antitrust Division. The settlement is the result of close coordination between the Department of Justice and the competition enforcement authorities of the European Commission, which has been investigating Microsoft since mid-1993, and which also initiated an undertaking containing essentially the same terms. This complaint and settlement marks the first coordinated effort of the two enforcement bodies in initiating and settling an antitrust enforcement action. Bingaman, praised the Commission, noting that, "This unprecedented, historic cooperative action sends a powerful message to firms around the world that the antitrust authorities of the United States and the European Commission are prepared to move decisively and promptly to pool resources to attack conduct by multinational firms that violate the antitrust laws of the two jurisdictions." The civil complaint and consent decree were filed last night, July 15, in U.S. District Court in Washington, D.C. The consent decree, if approved by the court, would settle the suit. Until approved, Microsoft has agreed in a stipulation filed with the court to abide by the terms of the decree. The Department alleged that Microsoft used the following unfair practices: Exclusionary Per Processor Licenses--Microsoft makes its MS-DOS and Windows technology available on a "per processor" basis, which requires PC manufacturers to pay a fee to Microsoft for each computer shipped, whether or not the computer contains Microsoft operating system software. The complaint alleges that this arrangement gives Microsoft an unfair advantage by causing a manufacturer selling a non-Microsoft operating system to pay at least two royalties--one to Microsoft and one to its competitor-- thereby making a non-Microsoft unit more expensive. "Microsoft has used its monopoly power, in effect, to levy a "tax" on PC manufacturers who would otherwise like to offer an alternative system," said Bingaman. "As a result, the ability of rival operating systems to compete has been impeded, innovation has been slowed and consumer choices have been limited." She noted that Microsoft has maintained the price of its operating systems while the price of other components has fallen dramatically. Since 1988, Microsoft's share of the market has never dropped below 70 percent. Unreasonably Long Licenses--The Department further alleged that Microsoft's contracts are unreasonably long. By binding manufacturers to the purchase of Microsoft products for an excessive period of time, beyond the lifetime of most operating system products, the agreements foreclose new entrants from gaining a sufficient toe-hold in the market. Restrictive Non-Disclosure Agreements--The Department also charged that Microsoft introduced overly restrictive non- disclosure agreements to unreasonably restrict the ability of independent software companies to work with developers of non- Microsoft operating systems. Microsoft sought the agreements from companies participating in trial testing of the new version of Windows, to be released later this year. The terms of these agreements preclude applications developers from working with Microsoft's competitors for an unreasonable amount of time. The settlement ends these practices and will help to rectify the effects of Microsoft's past unlawful conduct. In particular, the settlement prohibits Microsoft from: --Entering into per processor licenses. --Obligating licensees (manufacturers of personal computers) to purchase any minimum number of Microsoft's operating systems; --Entering into any licenses with terms longer than one year (although licensees may renew for another year on the same terms). --Requiring licensees to pay Microsoft on a "lump sum" basis. --Requiring licensees to purchase any other Microsoft product as a condition for licensing a particular Microsoft operating system. --Requiring developers of applications software to sign unlawfully restrictive non-disclosure agreements. The settlement is effective immediately and will be in effect for six and a half years. Bingaman said "this settlement resolves the competitive problems created by Microsoft's unlawful conduct quickly and effectively." Microsoft's main corporate office is in Redmond, Washington.
### 94-387

This following article (1996) is also old:

Pressemelding: Caldera saksøker Microsoft

"Comparison between U.S. and E.U. Antitrust Treatment of Tying Claims against Microsoft: When Should the Bundling of Computer Software Be Permitted" is similar but was published a decade later and seems rather biased:

Comparison between U.S. and E.U. Antitrust Treatment of Tying Claims against Microsoft: When Should the Bundling of Computer Software Be Permitted

To quote the concluding words in page 32: "Neither the current U.S. nor E.U. antitrust approach to software bundling is ideal. Both retard innovation in the software industry. The European Union refuses to differentiate between regular products and intangible, ephemeral software, despite well-recognized economic differences. Moreover, the European Union refuses to consider future demand for truly innovative products. Manufacturers are thus forced to comply with rules that do not contemplate their products. Although the United States no longer makes this mistake, it provides no guidance to what is a reasonable, and therefore permissible, software bundle. Software manufacturers are left to hazard guesses as to which bundles are permissible: manufacturers erring on the side of caution will not engage in some innovative and useful bundles for fear of exposure to antitrust liability."

Nowadays the European Union does not spend enough time tackling the abuses of the "M" in GAFAM and some European politicians used to say "GAFA".

When people can finally avoid Windows (there's no reason to attach it to new PCs) there will be a lot more GNU/Linux users out there, not just in the European Union.

We'll get there. It is mostly a matter of time. Microsoft is shedding off workers and Windows has become far too unreliable, not just an ongoing suicide.

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