Lenovo loses French lawsuit over Windows bundles

Discussion in 'Apple, Inc and Tech Industry' started by MorphingDragon, Feb 8, 2012.

  1. MorphingDragon macrumors 603

    MorphingDragon

    Joined:
    Mar 27, 2009
    Location:
    The World Inbetween
    #1
    http://www.theinquirer.net/inquirer/news/2144392/lenovo-loses-french-lawsuit-windows-bundles

    Another step in crumbling the Hardware-Software bundling by Microsoft in the EU.
     
  2. steve2112 macrumors 68040

    steve2112

    Joined:
    Feb 20, 2009
    Location:
    East of Lyra, Northwest of Pegasus
    #2
  3. *LTD* macrumors G4

    *LTD*

    Joined:
    Feb 5, 2009
    Location:
    Canada
    #3
    No. Apple is in an entirely different situation. This has already been examined to death.
     
  4. MorphingDragon, Feb 8, 2012
    Last edited: Feb 8, 2012

    MorphingDragon thread starter macrumors 603

    MorphingDragon

    Joined:
    Mar 27, 2009
    Location:
    The World Inbetween
    #4
    Well then take Apple to court and get your money back if you don't use Mac OSX.

    I don't see how this is much of a point.
     
  5. steve2112 macrumors 68040

    steve2112

    Joined:
    Feb 20, 2009
    Location:
    East of Lyra, Northwest of Pegasus
    #5
    If I were in France, I might try it. The US doesn't seem to have this sort of law, though.
     
  6. roadbloc macrumors G3

    roadbloc

    Joined:
    Aug 24, 2009
    Location:
    UK
    #6
    I fail to see how, but okay.
     
  7. Rodimus Prime macrumors G4

    Rodimus Prime

    Joined:
    Oct 9, 2006
    #7
    Explain how.
     
  8. steve2112 macrumors 68040

    steve2112

    Joined:
    Feb 20, 2009
    Location:
    East of Lyra, Northwest of Pegasus
    #8
    Because they are Apple. Duh. They are magical and revolutionary, and can do no wrong, remember?
     
  9. MorphingDragon thread starter macrumors 603

    MorphingDragon

    Joined:
    Mar 27, 2009
    Location:
    The World Inbetween
    #9
    I wonder if its because Windows is advertised as a completely independent product whereas Mac OSX isn't?
     
  10. KnightWRX macrumors Pentium

    KnightWRX

    Joined:
    Jan 28, 2009
    Location:
    Quebec, Canada
    #10
    You'd then have to completely remove OS X from the Macbook though and install whatever BSD or Linux option you want on it. What would be the point ?

    If you're going to do that, might as well just buy a different laptop alltogether with hardware better suited to the task. Macbooks aren't quite BSD/Linux friendly to begin with.
     
  11. *LTD* macrumors G4

    *LTD*

    Joined:
    Feb 5, 2009
    Location:
    Canada
    #11
    No, it's because Macs and OS X are sold as a single product. There are no Apple OEMs.
     
  12. steve2112 macrumors 68040

    steve2112

    Joined:
    Feb 20, 2009
    Location:
    East of Lyra, Northwest of Pegasus
    #12
    Because I like Apple's hardware quality and design. I'm just very fond of OSX lately, especially Lion.

    More to the point, though, I was trying to say that Apple is doing the same thing in forcing the customer to take their OS with their hardware.
     
  13. Rodimus Prime macrumors G4

    Rodimus Prime

    Joined:
    Oct 9, 2006
    #13
    Still does not change the requirement. It is still two separate products and it is bundled together. There is one Apple OEM which is Apple.

    It would be required to sell it with out the OS. I figure it more than likely worth about $100 give or take.
     
  14. snberk103 macrumors 603

    Joined:
    Oct 22, 2007
    Location:
    An Island in the Salish Sea
    #14
    Not a lawyer, much less a French one - so this is pure speculation.

    I think the situation is different with Apple because Apple creates both the SW and HW. So when you buy a Mac you are buying a package, not a bundle. It's a small distinction, admittedly - but I think it's an important one.

    When you buy a non-Apple PC with Windows installed, the PC maker is paying MS a license fee for that copy of Windows... therefore two different products.

    I would like hear from someone in France about tires on a new car. I think that comment, while it may sound trivial at 1st glance, is critical.

    When you buy a car in France with, say Firestone tires, can you demand that they tires be taken off (and you refunded the money) so you can put on your own Pirellis? And if you can't do this in France, what is the legal basis? That I think is the critical bit that may or may not affect Apple.

    In essence, it sounds like when you buy a car in France they can't make you take the bundled ski-rack. Cars can work fine without a ski-rack. But can they make you take the tires? Perhaps because there is an established segment that provides a free OS for non-Apple PCs (Linux, etc) makes any OS on a non-Apple PC completely optional - and therefore Windows is an optional bundled addition.

    Again... I think because Apple makes both the HW and SW it will be seen differently.

    Though, for sure, someone is going to test this in court, eh?
     
  15. *LTD*, Feb 8, 2012
    Last edited: Feb 8, 2012

    *LTD* macrumors G4

    *LTD*

    Joined:
    Feb 5, 2009
    Location:
    Canada
    #15
    Possibly when Mac share reaches past 50%. Before that you can't even begin to make a case for it.

    The entire point of the ruling is to uphold freedom of choice. Apple including OS X with Macs when Macs command less than even 20% share does not have a substantial bearing on anyone's freedom of choice. However, Windows bundled with virtually every PC sold under the sun, when MS has 90%+ market share, certainly does.

    Further, you'll also need to consider that Windows licensing (and paying for it) doesn't work the same way as it does with Macs.

    These are two far different beasts.
     
  16. steve2112 macrumors 68040

    steve2112

    Joined:
    Feb 20, 2009
    Location:
    East of Lyra, Northwest of Pegasus
    #16
    I personally don't think making both the hardware and OS exempts, but then again, I'm not an expert on French law.

    You are right, though, in that this can get absurd. That's partly what I was trying to say. I think I'll sue HTC for putting Android (third party software) on my phone. How about suing the manufacturer of your car, as you said, for putting on tires you don't like, or a brand of stereo you don't like?
     

Share This Page