Re: [d@DCC] Competition Act

From: Joseph Potvin <jpotvin _-at-_ organicks.net>
To: "General Copyright Discussions \(questions, organizing, \ etc\)" <discuss (at) list.digital-copyright.ca>
Date: Tue, 16 Jun 2009 13:21:32 -0400
References: <4A379B30.4070808@moores.ca> <alpine.LRH.2.00.0906161016350.5674@redclaw.mimosa.com>

Darryl, Can you please quote the clause of the EULA you refer to?

It might be interesting to advise Microsoft in writing that you intend 
to disregard that clause, tell them how, and ask what steps they would 
take,  Send a c.c. to the Competition Bureau, with a cover letter asking 
to discuss the best approach after that.

joseph

If that part of the EULA is

D. Hugh Redelmeier wrote:
> | From: Darryl Moore <darryl@moores.ca>
> 
> | 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 care.
> 
> | (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)
> 
> MS changed this over a year ago.  But the EULA actually comes from (is
> laundered by) the computer manufacturer.  I asked Acer about changing
> the EULA they had previously shipped with my machine: they were
> not willing to do so.  Probably too much bother for them.  I don't
> know if they even revised the EULA for machines shipped after the
> Microsoft change.
> 
> See
>   http://arstechnica.com/news.ars/post/20080121-microsoft-relents-vista-virtualization-ban-lifted.html
> 
> I am not a lawyer, so I haven't tried to follow the rest of your
> logic.
> 
> I think that Microsoft has abused a monopoly in several ways.  I was
> party to a formal complaint over 7 years ago about this.  The
> Competition Bureau would not even tell us the status of the complaint.
> Their reason: their investigatation process, if any, is confidential!
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