Stand up for Linux. Stop Microsoft from attempting to kill ubuntu and other Linux Distros.

[Boden Matthews]

Hey guys,
I got a response back from the ACCC about this, reply is attached below.

Regards,
Boden Matthews,
http://www.enervion.com



On 27 September 2011 10:15, Infocentre Public Mailbox <
info.centre at accc.gov.au> wrote:

> ************
>
> Dear Mr Mathews,**
>
>  ****
>
> Thank you for your email of 23 September 2011* *to the Australian
> Competition & Consumer Commission (the ACCC) regarding the Microsoft’s
> upcoming Windows 8 operating system*. *Your reference number for this
> matter is 1153943****
>
>  ****
>
> The role of the ACCC is to ensure compliance with the *Competition and
> Consumer Act 2010 (Cth)* (the Act), which is designed to encourage fair
> trading and discourage anti-competitive conduct through a specific set of
> competition and consumer protection rules.****
>
> ** **
>
> One of the Act’s aims is to foster fair markets, that is, markets where
> normal competition can continue without being hindered by unfair and illegal
> market practices. Such illegal market practices include price-fixing,
> market-sharing, resale price maintenance, misuse of market power and certain
> forms of exclusive dealings/boycotts.****
>
> ** **
>
> Section 47 of the Act prohibits exclusive dealing. Broadly speaking,
> exclusive dealing occurs when one person trading with another imposes some
> restrictions on the other’s freedom to choose with whom, in what, or where
> they deal. Exclusive dealing is only a breach of the Act where the conduct
> has the purpose, effect or likely effect of substantially lessening
> competition in the market. In an assessment of the effect of the conduct on
> competition, it is not enough merely to show that an individual business has
> been damaged. The wider market for the particular product or service must be
> considered.****
>
> ** **
>
> The situation you described may raise issues of exclusive dealing, but it
> is unclear from the details provided whether it would be likely to meet the
> competition test described.****
>
> ** **
>
> In assessing any complaint, staff of the ACCC would generally determine
> whether or not the matter falls within the jurisdiction of the Act, whether
> or not there appears to have been a breach of the Act, and if so, whether
> the impact of the conduct is so serious and widespread that it is
> appropriate that the ACCC should take some action.****
>
> * *
>
> It should first be noted that in general, investigations are conducted
> confidentially and the ACCC does not comment on matters it may be
> investigating. Further, complainants will only be contacted by the ACCC
> where clarification or additional information is sought.****
>
> ** **
>
> It is important to note that the ACCC cannot pursue all the complaints it
> receives. While all complaints are carefully considered, the ACCC must
> exercise its discretion to direct resources to the investigation and
> resolution of matters that provide the greatest overall benefit for
> consumers and businesses. The ACCC’s Compliance and Enforcement policy
> describes in more detail how this discretion is exercised. This policy,
> which is available on the ACCC’s website [www.accc.gov.au], lists a number
> of factors that are weighed including whether conduct raises national or
> international issues, involves significant consumer detriment or a blatant
> disregard of the law.****
>
> ** **
>
> The Act also allows an affected party to take their own legal action for a
> breach of the Act. You may wish to seek legal advice on the possibility of
> taking your own action in this circumstance.****
>
> ** **
>
> Thank you for contacting the ACCC with your concerns. I trust this
> information is of use.****
>
> ** **
>
> Yours sincerely,****
>
> ** **
>
> ** **
>
> Kylie****
>
> ACCC Infocentre****
>
> Ph: 1300 302 502****
> ------------------------------
>
> *From:* boden.matthews at gmail.com [mailto:boden.matthews at gmail.com]
> *Sent:* Friday, 23 September 2011 7:37 PM
> *To:* Infocentre Public Mailbox
> *Subject:* Complaint form submission [SEC=UNCLASSIFIED]****
>
> ** **
> *Complainant details*
>
> Mr Boden Matthews
> ****XX XXXXXXX Street****
> **XXXXX XXXXXXXXXX**
> NSW 2137
> ****Australia********
>
> Age: <18
> Gender: **male****
> *Contact details*
>
> XXXXXXXXX
> boden.matthews at gmail.com****
>
> *Date received:* 23rd September 2011****
>
> *Product provider:* Microsoft
> *Product description:* Windows 8 PCs****
> *Complaint*
>
> I have recently learnt that any new computer or laptop that ships with the
> upcoming Windows 8 Operating System will not be able to run any other
> Operating System. Microsoft's new UEFI Secure Boot system prevents
> 'unauthorized software' from running on any new computer sold with Windows
> 8. Making a system that ships with only Micrsoft Windows not being able to
> boot a copy of Linux or any other operating system. I wish to use Linux on
> future computers, and this will not allow me to use Linux at all. Microsoft
> is engaging in seriously anti-competitive behaviour by forcing the lockout
> of all competitors. (See:
> http://www.itwire.com/opinion-and-analysis/open-sauce/49889-will-windows-8-succeed-in-locking-out-gnulinux)
> Not only will Microsoft kick out Linux off the computers, they will prevent
> 'upgrading' of windows versions: creating forced obsolescence. I am
> disgusted, is Microsoft legally allowed to do this? Microsoft has been
> slowly becoming more anti-competitive: computing used to be about choice,
> having the ability to choose the Operating System. Now Microsoft want to
> have complete control. Regards, Boden Matthews boden.matthews at gmail.com
>
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