<div>Hey guys,</div><div>I got a response back from the ACCC about this, reply is attached below.</div><div> </div><div><div>Regards,</div><div>Boden Matthews,</div><div><a href="http://www.enervion.com/" target="_blank">http://www.enervion.com</a></div> <div class="gmail_quote">On 27 September 2011 10:15, Infocentre Public Mailbox <<a href="mailto:info.centre@accc.gov.au" target="_blank">info.centre@accc.gov.au</a>> wrote: <blockquote class="gmail_quote" style="margin-top:0px;margin-right:0px;margin-bottom:0px;margin-left:0.8ex;border-left-width:1px;border-left-color:rgb(204, 204, 204);border-left-style:solid;padding-left:1ex"> <div lang="EN-AU" link="blue" vlink="blue" style="margin-left:3.75pt"><div>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 <a name="132a83fc16ee4a47_132a83cf2c3aa2df_OLE_LINK1">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.</a> <a name="132a83fc16ee4a47_132a83cf2c3aa2df_OLE_LINK3"></a><a name="132a83fc16ee4a47_132a83cf2c3aa2df_OLE_LINK4"></a>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 [<a href="http://www.accc.gov.au/" title="http://www.accc.gov.au/" target="_blank">www.accc.gov.au</a>], 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, KylieACCC Infocentre Ph: <a href="tel:1300%20302%20502" value="+611300302502" target="_blank">1300 302 502</a> <div><div class="MsoNormal" align="center" style="margin-top:0cm;margin-right:0cm;margin-bottom:0.0001pt;margin-left:0cm;text-align:center"><hr size="2" width="100%" align="center"> </div>From: <a href="mailto:boden.matthews@gmail.com" target="_blank">boden.matthews@gmail.com</a> [mailto:<a href="mailto:boden.matthews@gmail.com" target="_blank">boden.matthews@gmail.com</a>] Sent: Friday, 23 September 2011 7:37 PM To: Infocentre Public Mailbox Subject: Complaint form submission [SEC=UNCLASSIFIED] </div> <h2 style="line-height:29px">Complainant details</h2> Mr Boden Matthews XX XXXXXXX Street XXXXX XXXXXXXXXX NSW 2137 AustraliaAge: <18 Gender: male<h3 style="line-height:21px">Contact details</h3> XXXXXXXXX <tt style="line-height:18px"><a href="mailto:boden.matthews@gmail.com" target="_blank">boden.matthews@gmail.com</a></tt> Date received: 23rd September 2011 Product provider: Microsoft Product description: Windows 8 PCs<h2 style="line-height:29px">Complaint</h2> 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: <a href="http://www.itwire.com/opinion-and-analysis/open-sauce/49889-will-windows-8-succeed-in-locking-out-gnulinux" target="_blank">http://www.itwire.com/opinion-and-analysis/open-sauce/49889-will-windows-8-succeed-in-locking-out-gnulinux</a>) 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 <a href="mailto:boden.matthews@gmail.com" target="_blank">boden.matthews@gmail.com</a> </div></div></blockquote></div></div>