[Iniziativa] Segnalazione alla commissione europea
Inviato: sabato 5 febbraio 2011, 17:23
Ho inviato una segnalazione alla commissione europea sulla concorrenza a questa pagina:
http://ec.europa.eu/competition/forms/c ... rm_en.html
Ho inviato il testo in inglese sperando che prendano in mano il caso direttamente e non lo passi per competenza all'autorità italiana, che guardando le "liberalizzazioni" di Prodi & co su cui non si è mai imposta, mi fa dubitare sulla sua efficienza.
Quindi scusatemi per i miei errori grammaticali in inglese, ma se avete avuto problemi simili anche voi, potete utilizzare il mio testo come base per inviare una segnalazione, come nelle migliori tradizioni dell'open source!
La mia segnalazione riguarda i laptop HP e il SO Windows installato di base. Naturalmente può adattarsi anche ad altri produttori di PC, sono pratiche che ormai fanno tutti.
Ho perso mezzo sabato pomeriggio per scriverla, ma mi serviva per scaricare il nervoso che mi ha fatto salire il centro assistenza HP.
ecco a voi il testo:
Hewlett-Packard and Windows
Information technology
The problem concern concerted practices of HP and Windows which effect the prevention, restriction and distortion of competition within the internal market.
As final consumer I bought at the end of December a HP laptop (HP G62-a20SL Notebook PC) with Windows 7 Home Premium 64 OEM.
At the start up of the PC, HP says that the consumer have to accept the term conditions about the OS installed on the PC (I have not a copy of this document, Eula.txt, because HP refuse to send me a copy).
The problem is that once started, the laptop has already installed several Shareware programs, like Office, antivirus, firewall etc. and HP assistance and control softwares. Most of these software after a limited period of time ask for a payment if you want use them.
The violation of the law that I see is this:
Art. 101
concerted practices which may effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
(b) limit or control markets and technical development;
(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
There are three things that proof the intention to violate this law:
1) From the HP website you can download for free all the software and drivers that are already installed on the laptop but not Windows. You are forced to buy the windows 7 home premium 64 OEM in the price of the laptop, and you cannot have a clean version of the software neither a paybak of the software if you don't want install it.
2)If you want a copy of the windos7/hp software you have to pay 38,40 (http://www.best2serve.com/page/overview ... d_products), that is more than half of a new windows OEM license with DVD. The customer is already owner of a product key and the right to use that software, but he can't have that software without others programs already installed.
3)The thing more important is that when you start the first time the pc, or when you install with the HP/Windows CD the OS. Your Hard disk will be partitiooned in several different parts, that forbidden you to install with windows other OS. For other OS I mean other version of windows, linux or OSX etc.
For these reason the consumer is forced to buy the Windows licence. It is not important if he wants to use or he doesn't want to use windows. If he want to use windows he must accept also other third software and he is technically forbidden to install different OS besides Windows.
Install at the same moment different OS is technically possible with every kind of laptop, but HP and Windows denied the consumer to do this if he want to use the software that he paid with the laptop.
I think that this imposition limit or control markets and technical development, because what they do is a restrictions which are not indispensable for improving the production or distribution of goods.
In addition considerign that Windows is in a dominant position, this behaviour concerted with HP is an abuse (Art.102) because it is:
(b) limiting the technical development to the prejudice of consumers;
(d)making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The point (d) is made with the obligation to have installed on you pc other windows programs, as the Office shareware software that is not demanded by the consumer.
I hope to achieve a real possibility for consumers to try the differents OS and Software and pay just the software that the customer choose. Nowadays the HP and Windows behaviour reduces their and third part incentives to provide new or better products and services at competitive prices.
My personal aim is also have my clean Windows 7 Home Premium OEM without pay for have a copy or a copy with a new product key.
http://ec.europa.eu/competition/forms/c ... rm_en.html
Ho inviato il testo in inglese sperando che prendano in mano il caso direttamente e non lo passi per competenza all'autorità italiana, che guardando le "liberalizzazioni" di Prodi & co su cui non si è mai imposta, mi fa dubitare sulla sua efficienza.
Quindi scusatemi per i miei errori grammaticali in inglese, ma se avete avuto problemi simili anche voi, potete utilizzare il mio testo come base per inviare una segnalazione, come nelle migliori tradizioni dell'open source!
La mia segnalazione riguarda i laptop HP e il SO Windows installato di base. Naturalmente può adattarsi anche ad altri produttori di PC, sono pratiche che ormai fanno tutti.
Ho perso mezzo sabato pomeriggio per scriverla, ma mi serviva per scaricare il nervoso che mi ha fatto salire il centro assistenza HP.
ecco a voi il testo:
Hewlett-Packard and Windows
Information technology
The problem concern concerted practices of HP and Windows which effect the prevention, restriction and distortion of competition within the internal market.
As final consumer I bought at the end of December a HP laptop (HP G62-a20SL Notebook PC) with Windows 7 Home Premium 64 OEM.
At the start up of the PC, HP says that the consumer have to accept the term conditions about the OS installed on the PC (I have not a copy of this document, Eula.txt, because HP refuse to send me a copy).
The problem is that once started, the laptop has already installed several Shareware programs, like Office, antivirus, firewall etc. and HP assistance and control softwares. Most of these software after a limited period of time ask for a payment if you want use them.
The violation of the law that I see is this:
Art. 101
concerted practices which may effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
(b) limit or control markets and technical development;
(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
There are three things that proof the intention to violate this law:
1) From the HP website you can download for free all the software and drivers that are already installed on the laptop but not Windows. You are forced to buy the windows 7 home premium 64 OEM in the price of the laptop, and you cannot have a clean version of the software neither a paybak of the software if you don't want install it.
2)If you want a copy of the windos7/hp software you have to pay 38,40 (http://www.best2serve.com/page/overview ... d_products), that is more than half of a new windows OEM license with DVD. The customer is already owner of a product key and the right to use that software, but he can't have that software without others programs already installed.
3)The thing more important is that when you start the first time the pc, or when you install with the HP/Windows CD the OS. Your Hard disk will be partitiooned in several different parts, that forbidden you to install with windows other OS. For other OS I mean other version of windows, linux or OSX etc.
For these reason the consumer is forced to buy the Windows licence. It is not important if he wants to use or he doesn't want to use windows. If he want to use windows he must accept also other third software and he is technically forbidden to install different OS besides Windows.
Install at the same moment different OS is technically possible with every kind of laptop, but HP and Windows denied the consumer to do this if he want to use the software that he paid with the laptop.
I think that this imposition limit or control markets and technical development, because what they do is a restrictions which are not indispensable for improving the production or distribution of goods.
In addition considerign that Windows is in a dominant position, this behaviour concerted with HP is an abuse (Art.102) because it is:
(b) limiting the technical development to the prejudice of consumers;
(d)making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The point (d) is made with the obligation to have installed on you pc other windows programs, as the Office shareware software that is not demanded by the consumer.
I hope to achieve a real possibility for consumers to try the differents OS and Software and pay just the software that the customer choose. Nowadays the HP and Windows behaviour reduces their and third part incentives to provide new or better products and services at competitive prices.
My personal aim is also have my clean Windows 7 Home Premium OEM without pay for have a copy or a copy with a new product key.
