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MS OEM licensing

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  • J Offline
    J Offline
    Jim Crafton
    wrote on last edited by
    #1

    I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

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    • J Jim Crafton

      I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

      B Offline
      B Offline
      Brian Azzopardi
      wrote on last edited by
      #2

      Jim Crafton wrote: you have to play ball, but isn't that illegal ? Even if it is illegal, will it change anything? Dell and the other OEMs won't squeal in public coz MS will just cut them off. People will not buy PCs which don't have Windows installed. Microsoft knows this. And so do the OEMs. Business is a bitch too. bibamus, edamus, cras moriemur

      [eat, drink, for tomorrow we die]

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      • J Jim Crafton

        I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

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        Navin
        wrote on last edited by
        #3

        I believe it is all about price. AFAIK, MS offers special prices for computer vendors that follow their terms. There is nothing stopping a computer manufacturer from buying each Windows license for each computer they produce at retail cost, and doing whatever they want. It would just be more expensive to do it that way. You are special and unique, just like everyone else.

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        • J Jim Crafton

          I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

          C Offline
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          Chris Losinger
          wrote on last edited by
          #4

          of course it's illegal. MS has already been determined to be a monopoly and of illegally using that monopoly power to stifle competition. but, look at who's running the country these days: g_wBush, a man who never saw a business practice he didn't like. -c


          Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

          image effects!

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          • J Jim Crafton

            I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

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            T Offline
            Tomasz Sowinski
            wrote on last edited by
            #5

            It seems that Dell sells machines without Windows/any OS installed: http://news.com.com/2100-1001-949671.html?tag=fd_top[^] Tomasz Sowinski -- http://www.shooltz.com

            Never argue with an idiot, he'll bring you to his level and beat you with experience.

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            • T Tomasz Sowinski

              It seems that Dell sells machines without Windows/any OS installed: http://news.com.com/2100-1001-949671.html?tag=fd_top[^] Tomasz Sowinski -- http://www.shooltz.com

              Never argue with an idiot, he'll bring you to his level and beat you with experience.

              L Offline
              L Offline
              LukeV
              wrote on last edited by
              #6

              Quote from article: N-series PCs will cost the same as PCs that ship with Windows, a Dell representative said. What would be the point to buy that???:confused: --------------- http://www.edovia.com

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              • L LukeV

                Quote from article: N-series PCs will cost the same as PCs that ship with Windows, a Dell representative said. What would be the point to buy that???:confused: --------------- http://www.edovia.com

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                Tomasz Sowinski
                wrote on last edited by
                #7

                LukeV wrote: What would be the point to buy that??? Have no idea - user doesn't waste time on formatting HD? Tomasz Sowinski -- http://www.shooltz.com

                Never argue with an idiot, he'll bring you to his level and beat you with experience.

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                • C Chris Losinger

                  of course it's illegal. MS has already been determined to be a monopoly and of illegally using that monopoly power to stifle competition. but, look at who's running the country these days: g_wBush, a man who never saw a business practice he didn't like. -c


                  Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                  image effects!

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                  R Offline
                  Richard Stringer
                  wrote on last edited by
                  #8

                  But he does let the interns alone. You have about as much insight into GW as I do into meta physics. Democrat: A Republican that hasn't been mugged yet. Richard Monarchies, aristocracies, and religions....there was never a country where the majority of the people were in their secret hearts loyal to any of these institutions. Mark Twain - The Mysterious Stranger

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                  • R Richard Stringer

                    But he does let the interns alone. You have about as much insight into GW as I do into meta physics. Democrat: A Republican that hasn't been mugged yet. Richard Monarchies, aristocracies, and religions....there was never a country where the majority of the people were in their secret hearts loyal to any of these institutions. Mark Twain - The Mysterious Stranger

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                    Chris Losinger
                    wrote on last edited by
                    #9

                    Richard Stringer wrote: But he does let the interns alone tell me how that matters. i find it absolutely f'ing incredible how GWB's defenders simply can not talk about their own guy without trying to define him in terms of "not-clinton" or "not-gore". and, no Mr. Stringer, I'm not referring to you only - there are plenty of others just like you on CP. is it that they can't find anything good to say about GWB on his own, so the best they can come up with is "well he's not clinton!" ? it's pitiful, actually. -c


                    Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                    image effects!

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                    • C Chris Losinger

                      Richard Stringer wrote: But he does let the interns alone tell me how that matters. i find it absolutely f'ing incredible how GWB's defenders simply can not talk about their own guy without trying to define him in terms of "not-clinton" or "not-gore". and, no Mr. Stringer, I'm not referring to you only - there are plenty of others just like you on CP. is it that they can't find anything good to say about GWB on his own, so the best they can come up with is "well he's not clinton!" ? it's pitiful, actually. -c


                      Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                      image effects!

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                      L Offline
                      Lost User
                      wrote on last edited by
                      #10

                      Chris Losinger wrote: tell me how that matters. For me it was a matter of honesty and integrity. I expect more from our president. "I did not have sex with that woman." :|

                      Mike Mullikin :beer: You can't really dust for vomit. Nigel Tufnel - Spinal Tap

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                      • L Lost User

                        Chris Losinger wrote: tell me how that matters. For me it was a matter of honesty and integrity. I expect more from our president. "I did not have sex with that woman." :|

                        Mike Mullikin :beer: You can't really dust for vomit. Nigel Tufnel - Spinal Tap

                        C Offline
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                        Chris Losinger
                        wrote on last edited by
                        #11

                        Mike Mullikin wrote: I expect more from our president and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. -c


                        Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                        image effects!

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                        • C Chris Losinger

                          Mike Mullikin wrote: I expect more from our president and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. -c


                          Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                          image effects!

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                          Navin
                          wrote on last edited by
                          #12

                          Chris Losinger wrote: and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. Get real, like we're ever going to find a president that's honest, ethical, and follows the law? You can sometimes have 2 out of 3, but that's about as good as it gets. :-D You are special and unique, just like everyone else.

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                          • T Tomasz Sowinski

                            LukeV wrote: What would be the point to buy that??? Have no idea - user doesn't waste time on formatting HD? Tomasz Sowinski -- http://www.shooltz.com

                            Never argue with an idiot, he'll bring you to his level and beat you with experience.

                            B Offline
                            B Offline
                            benjymous
                            wrote on last edited by
                            #13

                            In that case, even if I had no plan on using it, I'd still buy the version with windows on (just so I'd have the option to use it if I wanted to) -- Help me! I'm turning into a grapefruit!

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                            • J Jim Crafton

                              I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

                              P Offline
                              P Offline
                              Philip Fitzsimons
                              wrote on last edited by
                              #14

                              AFAIK This was related to the deal MS did with IBM - a looooong time ago IBM agreed that all PCs would have MS OS on them. Then Dell etc made PC compatibles - which meant they had to stick to the agreement IBM made with MS. If Dell made non-PC PCs then they could put what the want on them. I think that this agreement has been watered down over time, but MS still has strong control due to original terms...


                              "When the only tool you have is a hammer, a sore thumb you will have."

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                              • C Chris Losinger

                                Mike Mullikin wrote: I expect more from our president and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. -c


                                Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                                image effects!

                                L Offline
                                L Offline
                                Lost User
                                wrote on last edited by
                                #15

                                Chris Losinger wrote: and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. Ummm.... it would be the DOJ/AntiTrust division that enforces the laws the MS is accused/convicted of breaking, not the POTUS. The case is still being heard by a federal judge (not the POTUS) and being litigated by state AG's and DOJ lawyers (not the POTUS). EXACTLY what would you like Mr. Bush to do?

                                Mike Mullikin :beer: You can't really dust for vomit. Nigel Tufnel - Spinal Tap

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                                • T Tomasz Sowinski

                                  LukeV wrote: What would be the point to buy that??? Have no idea - user doesn't waste time on formatting HD? Tomasz Sowinski -- http://www.shooltz.com

                                  Never argue with an idiot, he'll bring you to his level and beat you with experience.

                                  S Offline
                                  S Offline
                                  Shawn Horton
                                  wrote on last edited by
                                  #16

                                  Tomasz Sowinski wrote: Have no idea - user doesn't waste time on formatting HD? Not even that, according to Slashdot (yes even I take that with a grain of salt). The contract with MS says that every PC must have an Operating System installed, so, Dell is selling the PC with FreeDOS instead of Windows. I still can't figure out how the costs can be the same. Somewhere, deep inside the price, the OS must be accounted for. Given that a drive image is a drive image, I would bet that the manufacturing costs are the same for both Operating Systems, so where is the refund for the cost of Windows? Shawn

                                  C 1 Reply Last reply
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                                  • L Lost User

                                    Chris Losinger wrote: and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. Ummm.... it would be the DOJ/AntiTrust division that enforces the laws the MS is accused/convicted of breaking, not the POTUS. The case is still being heard by a federal judge (not the POTUS) and being litigated by state AG's and DOJ lawyers (not the POTUS). EXACTLY what would you like Mr. Bush to do?

                                    Mike Mullikin :beer: You can't really dust for vomit. Nigel Tufnel - Spinal Tap

                                    C Offline
                                    C Offline
                                    Chris Losinger
                                    wrote on last edited by
                                    #17

                                    i guess i wasn't referring to the anti-trust stuff specifically, since we were already far off topic. i understand that that issue is still in the courts. (though it's obvious to me obvious that GWB wouldn't mind if MS got off without even a slap on the wrist). and, the guy in charge of the justice department, Ashcroft, reports directly to GWB. so, to say GWB isn't involved is ridiculous. -c


                                    Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                                    image effects!

                                    1 Reply Last reply
                                    0
                                    • J Jim Crafton

                                      I have a question for anyone out there: How is it that an OS software company (Microsoft), can dictate to hardware OEMs like Dell, Gateway(? are they even still around), IBM et al how they can sell their products ? The question relates to the whole selling of an OEM machine with no OS. How can MS legally make the demand that they (the OEM's) not be allowed to sell PC's without an OS? I understand that MS can play hardball and say, well if you want Windows, then this is how you have to play ball, but isn't that illegal ? Just wondering...

                                      realJSOPR Offline
                                      realJSOPR Offline
                                      realJSOP
                                      wrote on last edited by
                                      #18

                                      You guys gotta keep up better. Dell sells machines and ships "FreeDOS" with them if the customer doesn't want Windows. This way, the machine goes out with an OS (but you don't have to use it if you don't want to. ------- signature starts "...the staggering layers of obscenity in your statement make it a work of art on so many levels." - Jason Jystad, 10/26/2001 Please review the Legal Disclaimer in my bio. ------- signature ends

                                      1 Reply Last reply
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                                      • S Shawn Horton

                                        Tomasz Sowinski wrote: Have no idea - user doesn't waste time on formatting HD? Not even that, according to Slashdot (yes even I take that with a grain of salt). The contract with MS says that every PC must have an Operating System installed, so, Dell is selling the PC with FreeDOS instead of Windows. I still can't figure out how the costs can be the same. Somewhere, deep inside the price, the OS must be accounted for. Given that a drive image is a drive image, I would bet that the manufacturing costs are the same for both Operating Systems, so where is the refund for the cost of Windows? Shawn

                                        C Offline
                                        C Offline
                                        Chris Losinger
                                        wrote on last edited by
                                        #19

                                        Shawn Horton wrote: so where is the refund for the cost of Windows? i wouldn't be surprised if MS's contract had something in it that prohibited a discount on systems without Wind'rs. :) -c


                                        Conservative: One who admires radicals centuries after they're dead. -- Leo C. Rosten

                                        image effects!

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                                        • L Lost User

                                          Chris Losinger wrote: and i'd like a president who treated the constitution as The Law, rather than as a set of general guidelines to be followed when they don't get in the way. Ummm.... it would be the DOJ/AntiTrust division that enforces the laws the MS is accused/convicted of breaking, not the POTUS. The case is still being heard by a federal judge (not the POTUS) and being litigated by state AG's and DOJ lawyers (not the POTUS). EXACTLY what would you like Mr. Bush to do?

                                          Mike Mullikin :beer: You can't really dust for vomit. Nigel Tufnel - Spinal Tap

                                          T Offline
                                          T Offline
                                          Tim Smith
                                          wrote on last edited by
                                          #20

                                          He wants Bush to start using the DOJ as an extortion racket like Clinton did. "What, only 3 million in donations this year Mr. Gates? Well, let me see if I can find that DOJ phone number. Oh, thanks for the extra 2 million. You are a sweet heart." "Honest, we will use all that money we extorted, I mean deserved from the tobacco companies for the good of the public. BTW, we will be removing all current funding from programs and replacing it with tobacco money. Heh, we kept our word." Tim Smith "Programmers are always surrounded by complexity; we can not avoid it... If our basic tool, the language in which we design and code our programs, is also complicated, the language itself becomes part of the problem rather that part of the solution." Hoare - 1980 ACM Turing Award Lecture

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