On Wed, 21 Sep 2011 22:50:00 +1000 Ben McGinnes <ben@adversary.org> wrote:
On 21/09/11 7:28 PM, James Harper wrote:
# A system that ships with only OEM and Microsoft keys will # not boot a generic copy of Linux.
Or to translate - "Come on ACCC! Hit me in the stomach!"
The relevant parts of the Competition and Consumer Act 2010 (which supercedes the Trade Practices Act) appears to be section 47 and, depending on circumstances, section 46. The useful links are here:
I think that pretty much what all it says there : " ..A substantial lessening of competition may occur, for instance, when the ability of buyers to shop around for a deal that suits them is significantly diminished by an anti-competitive agreement among suppliers...." from :
I am not a lawyer neither, but apart from an argument about "significantly"... its pretty much black and white to me, what it says above. If a PC does not allow me to use Linux, it does not suit me. I may also want a PC from a "reputable" vendor (ie: large mutinational company that can provide me with worldwide hardware support/warranty, eg: HP, because I am a regular taveller). So if as a result of this they (HP) don't provide me with a PC/laptop in Australia, thats clearly in breach of above to me. There may well be a blessing in disguise in this for Linux, as OS or Windows free PC may well become more visible on the Australian Market! Daniel.
http://www.accc.gov.au/content/index.phtml/itemId/816377
http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/ http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s46.html http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s47.html
I suspect Microsoft will be able to step around this in Australia if it is made clear at the point of sale that Windows 8 logo systems can only be used with Windows and if the hardware vendors supply equivalent systems which are not restricted in this manner. It still bears close scrutiny, though.
For the record, I'm not a lawyer, but I have a relative who works at the ACCC and we've discussed this part of the Act in the past (in relation to DVD regioning).
Regards, Ben
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