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[school-discuss] MS Schools Agreement anti-competitive UK OFT investigates.



In December I filed a complaint to the UK Office of Fair Trading with
regard to Microsoft Schools Agreement being anti-competitive because it
requires the payment of licences to MS for machines that do not run any
of their software. I think most people would agree that an effect of
this, intentional or not, is to block competition by ensuring revenue
for MS from rival installations. There was an article in the Register
and the Times on this and I am talking to Computer Weekly about it
tomorrow. The OFT have now decided there are reasonable grounds for a
full investigation so collecting evidence is important.

This is an important issue for free software in general and in fact any
free software distribution that wants to get onto the desktop in
schools. If MS succeed in a strategy of getting most schools onto the
MSSA it will virtually kill any chance of getting free software at the
desktop in schools because why use even free software if all your
machines are block licensed to MS anyway? The OFT, has specific
bureaucratic requirements in investigating these issues and it could
take up to 2 years to come to a judgement and even then it might not be
the one we would like. So this is only a beginning but an important one
if free software is to thrive in schools.

I realise this is an international list so there are two distinct issues
with which you might be able to help. 

1. Obviously the UK Office of Fair Trading has carried out initial
enquiries before initiating a formal investigation. This could provide
you with sufficient evidence to go to your own country's, state's etc
fair trading legislature to investigate in your own neck of the woods.
The more global this action the more likely that MS will back down and
make Schools agreement only apply to machines running MS products.

2. If you are in the UK, and you have any evidence that MSSA is blocking
OO.org, Linux or any other adoption of non-MS products in your school or
any other that you know,particularly if you work for a commercial
software selling company the principal case officer dealing with this is

Edward.Anderson@oft.gsi.gov.uk. If you need more information drop me a
line.

http://www.timesonline.co.uk/printFriendly/0,,1-5-664844,00.html

(Times link)

BTW, this could also have implications for other corporate agreements
outside the schools arena if the basis for calculating annual licensing
costs is the same. Given MS track record on anti-trust cases, this could
be significantly bad for them if it goes to court because it will
reinforce in everyone's mind that they are not a trustworthy
organisation.

Thanks,

-- 
ian <ian.lynch2@ntlworld.com>