04.21.11

The World According to ZDNet: Vista 7 a Whole Area of IT

Posted in Marketing, Microsoft, Vista 7, Windows at 1:28 am by Dr. Roy Schestowitz

…or just paid placement? You can be the judge.

Summary: ZDNet UK puts up Microsoft-endorsing elements in ‘news’ pages and nukes comments that expose Microsoft’s PR department, Waggener Edstrom

THE MONOPOLIST from Redmond loves injecting trademarks into people’s consciousness. We already know that Microsoft was 'incentivising' hundreds of Korean bloggers to write a lot about Vista 7 . That’s just one example among others for which there is ample evidence.

The screenshot at the top (annotated) helps show circumstantial evidence which may suggest there is a paid endorsement in the editorial part of ZDNet UK. What is “Windows 7″ doing there? It is totally out of place, sitting there among actual areas of IT. “Windows 7″ is not “Windows” or even “Microsoft”. Why is this a whole category? This seemed suspicious, so I raised this question while they tried to silence me for posting politely my opinions in ZDNet UK (they also threatened to remove my account, even though I did nothing wrong, as people can judge by comments I reproduced and see for themselves).

My question, which was not deleted by the way, sought to discover whether the site’s marketing side was affecting editorial sections without disclosures. There is no need to be inflammatory about it and I was very polite. I also pointed out that ZDNet’s Twitter account is summarised as “All the latest business technology news, covering security, mobile, Microsoft and much more” (Microsoft is the only trademark mentioned). It’s basically the same pattern as the above. Microsoft is the only trademark to be mentioned by what claims to be a technology site. Here is what I wrote to ZDNet:

Upon closer inspection, this gets even more interesting. I see that the said twitter account follows 33 people and also an account called “(http://twitter.com/)/ZDNetUK_Win7″. I notice that alongside menu items at the top of *all* pages in ZDNet UK there is an oddly out-of-place section called “Windows 7″ (and again, it’s the only brand mentioned). I clicked on and it’s purely promotional therein. It says: “ZDNet UK’s special report covers a range of content, including reviews, articles and videos, to help you discover the key features in Microsoft’s latest operating system, as well as the pitfalls you should be looking out for.”

But more interestingly, all comments that mention Microsoft’s PR department, known as Waggener Edstrom, were removed. When one wants to do paid Microsoft endorsement, it’s natural to go through Waggener Edstrom. Microsoft.com refers such queries to Waggener Edstrom.

What was conspicuous to me was that ZDNet became extremely panicky and very defensive of this firm, whose named was removed along with all comments that even mentioned it. In fact, the response from ZDNet (which came late, around the time we complained about censorship) only dealt with the Waggener Edstrom claims, not rebutting the remaining evidence but instead throwing everything away by just using Waggener Edstrom as an excuse (it was not even mentioned in all the comments).

“The claims about ZDNet UK were not removed, just the ones about Waggener Edstrom. What is this irrational fear of criticising Waggener Edstrom?”We do know that Waggener Edstrom was pressuring British publications like The Inquirer to change their coverage. The Inquirer wrote about it. Is ZDNet fearful of criticising Waggener Edstrom? And if so, why? It’s just Microsoft’s marketing department. Why is this such a sensitive subject?

We only encourage people to explore this and to take these questions further. Where there is smoke there is often fire.

Look again at the deleted comments, in particular Comment #6 and Comment #7. Both of these are the ones which mentioned Waggener Edstrom. None of the 7 comments were deleted until comments #6 and #7 got posted; it’s as though we blew a dog whistle and the E-mail response to us further validates such a theory because it only defended Waggener Edstrom and ignored all the remaining evidence. Is a sacred cow the trigger? Watch the response from ZDNet: “In addition, they make unsubstantiated harmful suggestions about companies – about ZDNet UK, for example. Some of these comments may place this site at legal risk,” said Karen Friar only after I had mentioned Waggener Edstrom (and their name got wiped off the page). I did provide links, e.g. documents from Comes vs Microsoft, to support my claims. Karen ignored this court exhibit. The claims about ZDNet UK were not removed, just the ones about Waggener Edstrom. What is this irrational fear of criticising Waggener Edstrom?

To summarise, we would like to leave an open question: what is the relationship — if any — between Waggener Edstrom and ZDNet? I sent ZDNet’s editorial team this question. Even though they did write to us before, to this question they did not reply. It has been 2 days, so we assume that “no comment” is their stance. The top of all Web page in the site (which possibly reaches a million per day) is still an endorsement of “Windows 7″. It validates the product in a strange context. █

“In honor of the event, Pam Edstrom, who had since left Microsoft to cofound her own agency, Waggener Edstrom, and handle Microsoft’s PR from the outside, sponsored a “Windows Roast.” Gathered at the Alexis Park Resort in Las Vegas, Gates and Ballmer made fun of themselves and not so subtly apologized for the Windows delays. “To Dream the Impossible Dream” was the theme song playing in the background. With three hundred analysts and members of the press invited to these festivities where Gates and Ballmer let it all hang out, it was another coup for “Gates’s Keeper.” Gates joked that Ballmer had insisted, ” ‘We just gotta cut features.’ He came up with this idea that we could rename this thing Microsoft Window—and we would have shipped that thing a long time ago.”

–Barbarians Led by Bill Gates, a book composed
by Pam’s daughter

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04.18.11

Microsoft Helps Acknowledge Windows Vista Was a Disaster, Vista Phony 7 (WP7) is Next

Posted in Deception, Microsoft, Vista 7, Windows at 2:29 am by Dr. Roy Schestowitz

Summary: As Windows sales continue to decline Microsoft pulls the plug (in some sense) on Vista and advocacy of the latest phones platform comes to a halt

“Vista” is a disallowed term in Microsoft’s marketing department, probably just like the KIN (and this is why we overuse the term). These are total embarrassments and Microsoft is now promoting Vista 7 and Vista Phony 7 instead. But there are clues in this news about Windows Vista support, suggesting of course that even Microsoft gives up on the operating system: [via]

SOFTWARE FLOGGER Microsoft has let slip that Windows Vista users won’t be able to run its upcoming Internet Explorer 10 (IE10) web browser.

This is what customers get for complying with Microsoft’s requests to upgrade to Vista, the best operating system ever (if Microsoft’s marketers are to be believed). What a total embarrassment. They lied. E-mails which were unsealed later on revealed that even Microsoft managers knew Vista was a disaster, well before it was released. But they deceived the public repeatedly and harmed customers. So now they need to purchase (and pay for) the bugfix version of Vista, called Vista 7. And what about Vista Phony 7? Those who bought Windows Mobile not too long ago or even developed for it are totally screwed. Microsoft abandons them just like KIN users and Tim explains that even the Microsoft “diehards” cannot defend Vista Phony 7:

There’s no real news on the Windows Phone 7 front, however WP7 does have particular interest with me. After the Kin debacle the “successes” of the Windows Phone 7 and the strategy with which Microsoft is trying to market it make for fascinating viewing. Just like the Kin, we are seeing plenty of attempts by “advocates” to champion the device, but we all know how the Kin turned out, don’t we?

I am still trying desperately to find anyone I know in my circle of friends who actually has one of these devices, but so far the quest has been akin (no pun intended) to that of looking for the Holy Grail.

Some of Microsoft’s marketers insisted that KIN, just like Vista, was just so wonderful. They lies through their teeth. It remains to be seen just how many of the other products also turn out to be a total disaster. Windows sales, for example, keep declining, which means that Vista 7 is not exactly a success. Far from it. Maybe it was a marketing success as we pointed out in last night's show/episode of TechBytes. And speaking of which, Tim is collecting questions to help remove FUD about Techrights and yours truly. It was his idea to do this and he wrote:

I extend the offer to anyone, if you don’t want to post the questions here, then please feel free to email or use any of my contact points. I will let this offer run for about 2 weeks before putting them to him on an audiocast which will hopefully be hosted at a neutral venue.

Over the weekend and just before that, Techrights came under dozens of verbal attacks — including lies — all coming from .NET and Microsoft boosters. This helps us realise that we’re on the right topic and that we are effective. █

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04.16.11

Moving Closer Towards Operating Systems Unbundling in Europe

Posted in Antitrust, BSD, GNU/Linux, Microsoft, Vista 7, Windows at 1:12 pm by Dr. Roy Schestowitz

Summary: There is a light at the end of the tunnel for desktop GNU/Linux because a new push tackles the OEM swindle

EVERYTHING is changing so fast, and very much for the better. Discrediting GNU/Linux, for example, has become a tough task. Right now more of the Linux FUD has something to do with patents because on technical merit GNU/Linux has already proven itself and its advocates rebutted disinformation which used to repeat itself, only to be challenged over and over again. Are Linux advocates needed when those who advocate it in massive numbers are Android users showing their phones to friends (the phones have it preinstalled)? Are LUGs needed? Well, that depends.

One of the areas where GNU/Linux has not found justice is the OEMs, particularly in the area of desktops and laptops. As part of the TechChoices banner we have written on this subject before (piles of material gathered over the years). We have also amassed antitrust exhibits which we arranged in our “Hardware” wiki page (confidential OEM contracts and the likes of that).

The next push which is definitely worth pursuing was alluded to by Peter Brown from the FSF when he wrote about the Web browsers ballot. He said that the Commission was addressing the wrong problem by assuming that it was acceptable for Microsoft to continue its monoculture at the operating system level. Not so much has happened since then as not many people voiced their complaints about forced sales of Windows, usually Vista 7 (although Microsoft also counts XP sales as Vista 7, in order to produce fake numbers). We recently spotted some signs that a parliament member sought to make it a subject of active discussion because André Rebentisch from the FFII wrote about it. There is a new announcement in the FFII’s Web site and it is actually a joint AFUL/FFII press release which calls people to share their operating system bundling tales with the EU. To quote:

The FFII and The FFII and AFUL ask consumers affected by operating system bundling or businesses involved in bundling to provide their evidence to the European Competition authority.

“My choice is Debian GNU/Linux”, explains FFII Vice president René Mages. “Why have I been compelled to pay and erase Windows 7 at purchase time?”

The European Commission admits it was aware of the difficulties encountered by consumers who want to purchase a PC with a non-Microsoft operating system or without any operating system at all. But they also say they lack evidence suggesting that this is the result of practices in violation of EU competition rules.

“We want to crowd source the collection of evidence”, says AFUL’s President Laurent Séguin. “If the EU finds anticompetitive agreements that foreclose competition or abuse a dominant position on the relevant market, that would be a magic bullet.”””AFUL ask consumers affected by operating system bundling or businesses involved in bundling to provide their evidence to the European Competition authority.

“My choice is Debian GNU/Linux”, explains FFII Vice president René Mages. “Why have I been compelled to pay and erase Windows 7 at purchase time?”

The European Commission admits it was aware of the difficulties encountered by consumers who want to purchase a PC with a non-Microsoft operating system or without any operating system at all. But they also say they lack evidence suggesting that this is the result of practices in violation of EU competition rules.

“We want to crowd source the collection of evidence”, says AFUL’s President Laurent Séguin. “If the EU finds anticompetitive agreements that foreclose competition or abuse a dominant position on the relevant market, that would be a magic bullet.”””

There is some great analysis from Groklaw, which carries on collecting accolades while it lasts. “This looks worth doing,” says Pamela Jones. And she continues:

FFII and AFUL would like to crowd source evidence-gathering about the difficulty for customers and OEMs in Europe trying to buy a computer or sell one without having to pay for Windows..

We have been having an IRC discussion about it and for those who are interested it is copied below. We welcome comments if people can add information to it. █

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04.02.11

The ‘Upgrade’ Will Fix Everything™, Says Microsoft

Posted in Deception, GNU/Linux, Microsoft, Vista 7, Vista 8, Windows at 5:09 pm by Dr. Roy Schestowitz

Vista 8 will make coffee too, they promise!

Summary: The latest round of vapourware tactics from Microsoft helps show that Windows is having a crisis which is a matter of great urgency

FOR THOSE who have not noticed, as Windows numbers go down Microsoft is starting to float Vista 8, selling the illusion that it’s almost here and that it will do everything anyone has ever conceived. By doing this, Microsoft may discourage some businesses’ migration to Vista 7; people whom I know closely are having problems with Vista 7 and some regret leaving XP to move to it (this afternoon I had one person tell me this). On the other hand, Microsoft resorts to talking about products that do not yet exist in the market because, as its internal documents put it [PDF], “In the face of strong competition, Evangelism’s focus may shift immediately to the next version of the same technology, however. Indeed, Phase 1 (Evangelism Starts) for version x+1 may start as soon as this Final Release of version X.”

As usual, Microsoft sells the illusion that people should use the latest of everything and waste more money on it, even when the latest software is fragile, unproven, and prone to bricking. MSBBC writes about SQL flaws which have just targeted Microsoft software:

Early reports suggested that the attackers were hitting sites using Microsoft SQL Server 2003 and 2005 and it is thought that weaknesses in associated web application software are proving vulnerable.

Ongoing analysis of the attack reveals that the attackers managed to inject code to display links to 21 separate domains. The exact numbers of sites hit by the attack is hard to judge but a Google search for the attackers’ domains shows more than three million weblinks are displaying them.

Those who want a secure operating system are better off just leaving Microsoft altogether, not to mention cost savings and other commonly-stated advantages. My boss/collague has just bought a Mac, having used Vista 7 for a while. He is leaving Windows and that whole antiquated mindset. Windows does not seem to impress people all that much. UNIX and Linux become dominant not just in phones but on desktops too. One adoption curve drives the other and people who own an Apple or Google phone sooner or later rethink their desktop operating system (a personal observation). █

“I’d put the Linux phenomenon really as threat No. 1.”

–Steve Ballmer, 2001

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04.01.11

ES: Porqué la Comisión Europea de hoy Podría Hacer Frente a Una Demanda Legal Por Venderse a Microsoft

Posted in Europe, GNU/Linux, Microsoft, Vista 7, Windows at 4:20 pm by Dr. Roy Schestowitz

Siim Kallas with George Bush

(ODF | PDF | English/original)

Resumen: Las ofertas de ser vendedor-neutrales para los licitaciones que la Comisión Europea debe predicar no son incluso un principio honrado para la Comisión misma; Jan Wildeboer habla hacia contra este comportamiento inaceptable.

La última posible encarnación de Vista, llamada Vista 7[http://techrights.org/wiki/index.php/Vista_7_Reality_Log], está apenas en las noticias actuales. No hay nada que excita sobre él. La gente no podría nombrar nunca realmente cualquier razón de peso para trasladarse desde Windows XP a Vista 7. Por que todos sabemos, basados en incidentes muy recientes[http://techrights.org/2011/03/15/dirty-tactics-and-aggression/], sobre Vista 7 es que es mucho más probable sea “bricked” (hecho unbootable) por sus actualizaciones que Windows XP.

A principios de esta semana había interés renovado en la manera que Europa maneja su forma de conseguir el software. Hay un montón de sitio para la mejora y ligando al blog de Wildeboer, Roberto Pogson acaba de decir que “Suiza [es] poseída” por Microsoft[http://mrpogson.com/2011/03/29/switzerland-owned-by-m/] (que reutiliza las palabras de Wildeboer). Para refrescarnos:

Una corte ha dictaminado que es ACEPTABLE que el gobierno compre millares de PC con ese otro OS SIN las licitaciones públicas que evitan que compitan los abastecedores de GNU/Linux. Un juez discrepó pero no era bastante para abrir el proceso de licitación. Esto era una migración de XP a Vista 7 así que era mucho trabajo de cualquier manera pero el gobierno no utilizó un proceso que hacía una licitación abierta como es usual.

Escribimos sobre este caso de la mala consecución en Suiza abajo, e.g.:

Microsoft Demandado por su Corrupción en Suiza. La Deuda de Microsoft Analizada.[http://techrights.org/2009/05/24/msft-corruption-in-switzerland/]
¿Se Pueden Demandar al Reino Unido y Hungría Todavía por Excluir el Software Free/Libre?[http://techrights.org/2009/05/25/united-kingdom-hungary-rigging/]
¿3 Nuevas Cuentas de la Violación Anticompetitiva de Microsoft?[http://techrights.org/2009/05/14/antitrust-violations-by-microsoft/]
¿Está Microsoft Infringiendo la ley en Suiza también?[http://techrights.org/2009/05/14/antitrust-violations-by-microsoft/]
Cabilderos de las Aplicaciones de Microsoft Atacar la migración de Holanda al Software Free/Libre y a los Profesores surafricanos se les Soborna para Utilizar Windows[http://techrights.org/2009/05/10/lobbyists-bribes-vs-free-sw/]
ZDNet/eWeek Arruina Artículo de Peter Judge Atacando Red Hat Cuando Microsoft Comete el Crimen[http://techrights.org/2009/05/25/zdnet-ruins-peter-judge-article/]
Semana de Asuntos de Gobierno con Microsoft: Una mirada Retrospectiva, Una Mirada al Futuro[http://techrights.org/2009/05/28/microsoft-government-affairs/]
El Pleito contra Microsoft/Suiza Tiene éxito Hasta Ahora, Más Países/Compañías deben Seguir el Ejemplo[http://techrights.org/2009/05/29/lawsuit-against-switzerland-over-ms/]
Los últimos Informes Sobre los Tratos con Microsoft que son bloqueados en Suiza, Nueva Zelandia[http://techrights.org/2009/06/01/microsoft-bulk-deals-derailed/]
Gobierno Suizo y Computadora Federal Semanal: ¿Por qué la hostilidad hacia software libre?[[http://techrights.org/2009/06/06/federal-computer-weekly-foss-fud/]
Suiza y el Reino Unido Bajo Fuego por los Contratos Perpetuos de Microsoft[http://techrights.org/2009/06/17/switzerland-and-uk-backlash/]
El Pleito sobre la Corrupción de Microsoft en Suiza se Extiende a la Corte Federal[http://techrights.org/2009/12/12/lawsuit-government-procurement/]
Cuando Microsoft-Solamente/Lock-in Se Define Como “Tecnología”[http://techrights.org/2010/07/07/lingual-loophole-for-bad-tender/]
De Microsoft Contratos Suizos Ilegales Llevan a la Corte Otra Vez[http://techrights.org/2010/10/10/blocking-competition-queezing-oems/]
La Consecución Ilegal de los E.E.U.U. de Microsoft Consigue Ser Congelada después de pleito.[http://techrights.org/2011/01/06/lawsuit-against-government/]

Considerando el estado de este caso, pudo todavía haber sitio para la revocación de los repartos de Microsoft, así que mirando este nuevo informe sobre los planes de Vista 7 en los cuerpos de la UE[http://www.pcworld.com/businesscenter/article/223224/eu_bodies_plan_upgrade_to_windows_7_without_public_tender.html], Wildeboer tiene mucho decir:

En una reunión secreta el pasado mes de diciembre, funcionarios de la Comisión acordaron en principio aumentar a más de 36.000 computadoras de escritorio en instituciones europeas a Windows 7 sin llevar a cabo una oferta pública. El movimiento propuesto podía encadenar a la Comisión a Microsoft por los cuatro a cinco años próximos, violando al propio consejo de la Comisión para evitar lock-in de la contratación pública.

Jan Wildeboer del distribuidor Red Hat de Linux dijo el miércoles que él estaba muy decepcionado con la decisión. “El reparto de la Comisión con Microsoft no está consolidando realmente su propio mensaje de evitar lock-in.” “Estamos esperanzados que la Comisión practicará lo que predica. En interés de un mercado justo y libre debemos tener ofrecimiento de vendedor-neutral”, él dijo en un acontecimiento organizado por los abogados del Código Abierta en Bruselas. Los representantes de la Comisión que atendían al acontecimiento estaban visiblemente incómodos, pero no hicieron ninguna observación respecto.

La Comisión debe ser presionada en esto. Esta situación entera daña la legitimidad de la Comisión y a menos que determine GNU/Linux en mesas de financiación pública, esto seguro validará nuestra observación que está siendo hecha descarrilar por los cabilderos y sus nuevos camaradas designados que SIRVEN SOLO A MICROSOFT[http://techrights.org/2009/11/30/european-croniession-regulators/]. Incluso habrá quizá un pleito legal, que es posible el gobierno suizo sea demandado (nadie es inmune al pleito). █

Translation produced by Eduardo Landaveri, the esteemed administrator of the Spanish portal of Techrights.

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03.30.11

Why Today’s European Commission Could Face Legal Action for Selling Out to Microsoft

Posted in Europe, GNU/Linux, Microsoft, Vista 7, Windows at 10:00 am by Dr. Roy Schestowitz

Siim Kallas with George Bush

Summary: Vendor-neutral tendering processes which the Commission ought to be preaching for is not even a tenet honoured by the Commission itself; Jan Wildeboer speaks out against this unacceptable behaviour

The latest incarnation of Vista, called Vista 7, is hardly in the news anymore. There is nothing exciting about it. People could never really name any compelling reason to move from Windows XP to Vista 7. For all we know, based on very recent incidents, all that is special about Vista 7 is that it is a lot more likely to get bricked by updates (made unbootable) than Windows XP.

Earlier this week there was renewed interest in the way Europe handles software procurement. There is plenty of room for improvement and linking to Wildeboer’s blog, Robert Pogson has just said that “Switzerland [is] Owned” by Microsoft (reusing Wildeboer’s words). As a refresher:

A court has ruled that it is OK for the government to buy thousands of PCs with that other OS without public tenders preventing providers of GNU/Linux from competing. One judge disagreed but it was not enough to open the bidding process. This was a migration from XP to Vista/”7″ so it was a lot of work either way but the government did not use an open bidding process as is usual.

We wrote about this case of bad procurement in Switzerland under, e.g.:

1. Microsoft Sued Over Its Corruption in Switzerland, Microsoft Debt Revisited
2. Can the United Kingdom and Hungary Still be Sued for Excluding Free Software?
3. 3 New Counts of Antitrust Violation by Microsoft?
4. Is Microsoft Breaking the Law in Switzerland Too?
5. Microsoft Uses Lobbyists to Attack Holland’s Migration to Free Software and Sort of Bribes South African Teachers Who Use Windows
6. ZDNet/eWeek Ruins Peter Judge’s Good Article by Attacking Red Hat When Microsoft Does the Crime
7. Week of Microsoft Government Affairs: a Look Back, a Look Ahead
8. Lawsuit Against Microsoft/Switzerland Succeeds So Far, More Countries/Companies Should Follow Suit
9. Latest Reports on Microsoft Bulk Deals Being Blocked in Switzerland, New Zealand
10. Swiss Government and Federal Computer Weekly: Why the Hostility Towards Free Software?
11. Switzerland and the UK Under Fire for Perpetual Microsoft Engagements
12. Lawsuit Over Alleged Microsoft Corruption in Switzerland Escalates to Federal Court
13. When Microsoft-Only/Lock-in is Defined as “Technology”
14. Microsoft’s Allegedly Illegal Swiss Contracts to Take People to Court Again
15. Microsoft’s Allegedly Illegal US Procurement Gets Frozen After Lawsuit

Bearing in mind the status of this case, there might still be room for reversal of Microsoft deals, so regarding this new report about Vista 7 plans in EU bodies, Wildeboer has a lot to say:

At a secret meeting last December, Commission civil servants agreed in principle to upgrade more than 36,000 desktop computers in European institutions to Windows 7 without holding a public tender. The proposed move could tie the Commission to Microsoft for the next four to five years, flying in the face of the Commission’s own advice to avoid public procurement lock-in.

Jan Wildeboer of Linux distributor Red Hat said on Wednesday that he was very disappointed in the decision. “The Commission’s supposed deal with Microsoft is not really strengthening its own message of avoiding lock-in. We are hopeful that the Commission will practice what it preaches. In the interests of a fair and free market we must have vendor-neutral tendering,” he said at an event organized by open source advocates in Brussels. Commission representatives attending the event were visibly uncomfortable, but did not comment.

The Commission should be pressured on this. This whole situation damages the Commission’s legitimacy and unless it assesses GNU/Linux in publicly-funded desktops, this sure will validate our observation that it is being derailed by lobbyists and newly-appointed cronies who serve Microsoft's interests. Maybe there will even be a lawsuit, which is possible given that the Swiss government got sued (nobody is immune to litigation). █

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01.25.11

OEMs to Potentially be Forced to Unbundle Windows as Forced Vista 7 ‘Sales’ Lead to Class Action Lawsuit

Posted in Courtroom, Europe, GNU/Linux, Microsoft, Vista 7, Windows at 2:24 pm by Dr. Roy Schestowitz

Summary: Carlo Piana et al. take Microsoft to court for removing choice in the OEM channel, including reasonable choices such as GNU/Linux, BSD, or simply no operating system at all

THE MICROSOFT WINDOWS chokehold is being eroded in the OEM channel. Vista 7 refunds are already becoming possible in Denmark, in Brazil, and in Portugal. Back in the days we also wrote about similar actions pressing for unbundling in France.

Some of the many reports about the new lawsuit in Italy stress that there is international relevance:

The Italian consumer watchdog is suing Microsoft over the “Windows Tax” – the near impossibility of an ordinary user getting a refund if they decide to delete Microsoft’s software from a new computer or laptop.

The class action case says Microsoft makes it too difficult for people who buy a computer with Microsoft software on it to remove that software and get their money back. Most users do not realise that starting the software means you have accepted the end user licence.

Carlo Piana, a lawyer who helps defend software freedom, is personally involved in it and there’s stressing that “it’s a class action, PPL can join (later)”

“OK,” writes Piana, “now it’s public. I’ve served a class action against MSFT for bundling & refusal to reimbourse Windows, for ADUC” (he links to an article in Italian) and there is also a “blog post on ADUC class action against Microsoft #MSFT,” starting with this introduction:

Aduc, an Italian Consumers association, has served on Microsoft Italia (the local branch of Microsoft Corp) a class action complaining that the company consistently refuses to reimburse users the price of ubiquitous windows licenses, bundled with OEM (Original Equipement Manufacturers) computers. I am part of a much larger legal team that has produced it and I can briefly illustrate what it is about.

Italy has adopted a regulation (Art. 140 bis of the Italian Consumers Code) that allows consumers individually (not consumers associations, which is strange) to file class actions, through ordinary proceedings, open to be joined at a later time. A class action is a case which is arguably identical to a class of users and which is likely to protect the interest of this class. Unfortunately, the Italian version has been adopted with very odd provisions that limit the effectiveness of it, as one can read in this document by Aduc (in Italian).

Here are some more links on this matter (some are from Microsoft blogs, thus they are biased):

The case, which was filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), and picked up by The Register earlier today, points to Microsoft’s end user license agreement (EULA)–as outlined in various copies of Windows–noting that once users turn their computer on and begin to use it, they are no longer able to return the software for a refund.

Microsoft booster Peter Bright adds this: (special thanks to Girts for some of these pointers)

This is not the first time ADUC has taken to the courts over Windows preinstalls. In 2007, the group successfully sued HP after it failed to abide by the terms of the Microsoft End User License Agreement, which explicitly permits a user to refuse to accept the terms and receive a full refund.

Meanwhile we learn about some new actions in Portugal, where Microsoft wants government policies to help stifle Free software (in France, the lawmakers recently had created Apple/Android tax, which is based on copyright). Microsoft is going down, but not without a fight. █

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01.20.11

Juniper Networks Gains Yet Another Executive (Vice President) Who Fled Microsoft

Posted in Microsoft, Vista 7, Windows at 12:57 am by Dr. Roy Schestowitz

Summary: The Windows marketing corporate vice president (man behind Vista 7 marketing) quits Microsoft, but he joins his former colleagues in another company

Juniper Networks is already filled with many ex-Microsoft executives, including the company’s current CEO. Well, according to this report, the Windows marketing corporate vice president joins them.

Brad Brooks joins the list of many others, not just presidents/vice presidents who quit Microsoft but also those who joined Juniper Networks immediately afterwards, e.g. [1, 2, 3].

One quick thing to add about it is that the fact that people who are associated with Windows are leaving simply means that something is not working there. One may often wonder, what is it that proprietary software actually does to limit people’s freedom, by design? Here is an answer from the news:

Microsoft’s much-maligned operating system Vista has proven the third most effective PC tool available to parents to filter out inappropriate web content for children, according to tests by the European Commission.

But none of the 26 products tested by the EC achieved a perfect score [pdf] when it came to filter capabilities.

As Glyn Moody put it, “MS Vista finds its niche at last: censorship”.

The reality behind Vista 7 suggests that it’s just like Vista under the hood, in which case the above applies to it too. Vista 7 is not doing it for Microsoft because Windows profits continue to decline. Brooks’ departure therefore makes a lot of sense. █

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