OEM lawsuit

zscoundrel zscoundrel at kc.rr.com
Mon Jan 13 00:23:08 CST 2003


Actually, it may have been here, it has been discussed, but not for a while.

Your facts are a little out of date..  Microsoft was required to STOP 
requiring OEMs to pay license fees for every PC manufactured some time 
ago.

They still use their might to bludgeon OEM's who preload other OS's, but 
they use privacy clauses and other incentives to stay out of the news. 
It is essentially the same thing in the end, but not enough to get 'em 
back into court apparently.

Oh, and it IS at least partially the OEM's fault.  They are a party to 
the agreement.  They signed the contract.  I guess their lawyers screwed 
up.  Just like you agree to the terms in the EULA every time you use a 
piece of software.

BTW, did you know that most microsloth EULA's have a clause that says 
they can MODIFY the agreement at any time???

James Colannino wrote:
> Hey everyone.  I can't remember if it was this LUG or another that I 
> heard this topic from, but I find it targeting the wrong people and I 
> have to speak my mind on this.  In case it wasn't this LUG that I heard 
> this from, there is a lawsuit against OEM companies from users who were 
> charged for a windows operating system that they didn't use.
>  
> This lawsuit is targeting the wrong people.  I did some research into 
> this, and I found out that Microsoft charges OEM's (by having a right to 
> use their software) royalties on every PC manufactured, whether it be 
> installed with Windows or not.  So, even if windows were not installed, 
> you would have to cover the same royalty costs.  This is not the OEM's 
> fault.  What would you do in their position?
>  
> You have to cover the majority userbase by using their operating system 
> which means that this royalty is basically forced on them unwillingly by 
> the greater evil Microsoft.  So, it is Microsoft that should be targeted 
> for the refund on the operating system, not the OEM's.  My two cents.
>  
> James




More information about the Kclug mailing list