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CD Duplicator Refuses Linux Job, Citing MS Contract 491

Jonathon writes "Seems a Microsoft imposed restraint of trade agreement and concerns about the SCO suit have prevented a New Zealand company duplicating 500 CDs for our upcoming installfest. The installfest was mentioned on /. just days ago."
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CD Duplicator Refuses Linux Job, Citing MS Contract

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  • Not so surprising (Score:4, Interesting)

    by McAddress ( 673660 ) on Tuesday July 01, 2003 @03:19AM (#6337462)
    Bill Gates did not become the world's most successful business by being dumb. He is doing a very good job using the whole SCO issue to take away people's confidence in Linux. He has done a nice job putting pressure on the CD copying company. He is hoping to make the name "Linux" synonymous with phrases like "infringing copyrights" and "illegal".
    He is not stupid, and if Linux does not watch its back, the penguin might get slain, leaving the world without a reliable and secure OS.
  • by evilviper ( 135110 ) on Tuesday July 01, 2003 @03:27AM (#6337487) Journal
    Now you have ample ammo for suing SCO for libel, slander, defamation, etc...
  • by Schlemphfer ( 556732 ) on Tuesday July 01, 2003 @03:27AM (#6337488) Homepage
    Is this specific 500-CD deal a big thing? Of course not. But a few people in New Zealand have been measurably inconvenienced by the FUD [astrian.net] spread by SCO.

    I think little by little, SCO's efforts to create FUD may inconvenience substantial numbers of people. It wouldn't be a bad idea for a website to be started, for keeping track of the myriad ways that SCO's threats of copyright infringement liability have caused tangible expense and inconvenience.

    It would be a good knowledge base to have, and might come in handy for purposes of a potential class-action suit against SCO, if the company's claims of infringement are found by the courts to be without merit. In any case, this would be one way to give SCO's backers some FUD of their own.

  • Wuss! (Score:4, Interesting)

    by Nucleon500 ( 628631 ) <tcfelker@example.com> on Tuesday July 01, 2003 @03:30AM (#6337495) Homepage
    The complete and utter spinelessness of every company in existance is getting on my nerves. SCO may be evil, but at least they're doing something. Here we have a company which won't press Knoppix CDs because of either (they won't say which) baseless and and completely unsupported FUD from an insane law firm / software vendor on the other side of the world, or language that may or may not be in a contract they may or may not have with Microsoft, which may or may not be legal. Lawyers have filled every industry with complete, namby-pamby wusses.

    Besides, SCO has claimed that every single modern operating system (except Sun, they are quick to point out), is at similar risk. How could a CD company stay in business if they refused to duplicate anything McBride said was his?

  • Linux's image (Score:5, Interesting)

    by Jarlsberg ( 643324 ) on Tuesday July 01, 2003 @03:30AM (#6337497) Journal
    This is further proof that the SCO debacle is hurting the image of Linux in the marketplace and in the eyes of the consumer. SCO may not have a sound case, but they are causing a lot of confusion about the legality of Linux.

    There's also the part of the contract with Microsoft. This company is obviously not going to risc their probably very important economic ties to Microsoft for a mere 500 cd copy job -- no sane business person would -- but yet again we see evidence that the strong arm tactic Microsoft has employed since the DOS days (anyone remember DR DOS?) is still very much a part of their modus operandi.
  • Re:YRO (Score:1, Interesting)

    by Anonymous Coward on Tuesday July 01, 2003 @03:32AM (#6337503)
    Since this is under YRO, I figured I'd ask: whose rights are being violated here?
    The topic is Your Rights Online, not Your Rights Being Violated Online.

    The automatic flood of "what does this have to do with my rights?" to all YRO threads is getting just as bad as the flood of "*BSD is Dying" posts to all BSD threads. Give it up.
  • by Anonymous Coward on Tuesday July 01, 2003 @03:45AM (#6337542)
    I'm reminded of the English tradition of Knighthood. Where some subject becomes a knight and is granted
    dominion over a parcel of land.

    Microsoft granted this company so many parcels of foo, so long as they upheld Microsoft's honor. And on a larger scale, Isn't dominion what was promised to the RIAA, Media Cartels, others, in exchange for their "loyalty"?

    Maybe I stretch things too far. But it seems the power of the common man has dwindled to nothing outside of a small space that's been allotted. Any attempts to reach beyond this space are met with resistance and punishment.

    All these guys wanted to do was duplicate some cd's.
    But that activity appears to be outside the domain Microsoft is willing to grant them. How have we gotten into the situation where we must beg persmission to do mundane tasks like this?

    Is the large scale duplication of information getting to be a little too risque' for the peons? Gotta keep an eye on stuff like that now?

    The box that makes up our collective free will is getting smaller and smaller as each cubic centimeter is parcelled off to the Knights of Modern Royalty.
  • Re:IP or Microsoft (Score:2, Interesting)

    by Jarlsberg ( 643324 ) on Tuesday July 01, 2003 @03:46AM (#6337546) Journal
    I do not think that the SCO case made them refuse the job. When I read the article, the SCO case gives them an excuse not to do the CD duplication.
    Aren't you contradicting yourself? The SCO case haven't been tested yet and until it is, any action they take based upon the case is precautionary. So while the SCO case in itself can't force them to deny the job, they are denying it because there might the problems down the road. I'm guessing that there won't be, but hey, some people are more uncomfortable with the odds than I am.
  • Re:Not so surprising (Score:3, Interesting)

    by quigonn ( 80360 ) on Tuesday July 01, 2003 @03:56AM (#6337581) Homepage
    SCO is about to attack BSD, too. Although all SCO claims are totally ungrounded, they know how to spread fear, uncertainty and doubt.
  • Re:Helping the cause (Score:5, Interesting)

    by Jeffna ( 600646 ) on Tuesday July 01, 2003 @04:07AM (#6337607)
    ... I can say that this is pretty much only going to help our cause

    I'd say so. I downloaded Knoppix last night after the previous installfest story piqued my interest.

    Things to note:

    I've used Micosoft software since I started using PCs.
    I'd never used any version of Linux before.
    I was very impressed with what I saw.

    Congratulations guys, you just gained a brand spanking new Linux user.
  • boycotts? (Score:5, Interesting)

    by buro9 ( 633210 ) <david@WELTYburo9.com minus author> on Tuesday July 01, 2003 @04:12AM (#6337617) Homepage
    i'm usually amazed how seldom people will resort to boycotts.

    whilst i would have no doubt that MS are obviously a large part of their business, it is obvious that no business survives with just one good horse in their stable.

    with a good enough word-of-mouth campaign it should be possible to inform local businesses and companies of the boycott, inform them of other options, and thus remove a chunk of their potential business.

    500 cds may not hurt their purse strings, but 100 x 500 will.

    do we forget just how much power we have?
  • by marcushnk ( 90744 ) <senectus.gmail@com> on Tuesday July 01, 2003 @04:25AM (#6337650) Journal
    After ATI win a MS contract for the next Xbox, they now don't support linux drivers.. whats the bet its the same sort of contract.

    utter bastards.
  • by hng_rval ( 631871 ) on Tuesday July 01, 2003 @04:29AM (#6337658)
    From the article:

    Roberts said the contract with Software Images did not contain anything that prevented Software Images working with the Open Source Society or pressing Linux CDs "or anything like that".

    He said Software Images made their decision before talking to Microsoft "for their own reasons".

    "It's very much a Coke/Pepsi situation. If you are an ad agency dealing with Pepsi you don't pick up business with Coke."

    When the Herald pointed out that Open Source software was a competitor to Microsoft, Roberts said: "I guess so, but the NZ Open Source Society isn't."
  • by _Sprocket_ ( 42527 ) on Tuesday July 01, 2003 @04:38AM (#6337678)
    That's right, New Zealand businesses! Software Images has helped you make a decission towards reliable outsourcing for your data duplication needs. If you need an outfit who can be trusted to handle your order, even important rush orders, Software Solutions is not your provider.

    Data duplication is an important last step to any project that requires physical media for distribution. You need to know that your order is accepted and being handled and processed quickly, efficiently, and reliably. At Software Images, your data duplication order may be green-flagged by their expert account managers... only to be refused at a later date.

    Your order may be refused because, on a "case by case basis", the data in question might be considered in competition with Microsoft. And as Microsoft continues to reach in to new sectors and attach new niches... who's to say if one is in direct competition or not? But you'll find out. After your order has been rejected and you are forced to scramble for another outsource provider.

    Your order may also be refused if an industry competitor makes unfounded alligations as to owner of the intellectual property contained in your duplication order. No need to wait for a court ruling. No need for proof of a currently valid license. Your important job will be rejected, leaving your business high and dry.

    In this tough economy, every business needs reliable outsource providers. They need to know that services will be there for that important job or rush order.

    With Software Images, you won't know.

    Software Images. They're not there for you. They're there for their major account - Microsoft.
  • by Taco Cowboy ( 5327 ) on Tuesday July 01, 2003 @04:45AM (#6337694) Journal
    Malaysia being the world's #1 producer of PIRATED CDs, VCDs, and CD-ROMs, has more than enough talent and capacity to make ANY NUMBER of high quality CD, even in a short order.

    The cost of making CDs in Malaysia is EXTRA-ORDINARILY LOW - amount to LESS THAN USD 0.25 per CD, with quantities of 500 or more.

    No, I am NOT a CD pirate. I just know enough people who are in this line of "work" to know the cost.

    Not only the cost is low, the CDs they produce are also of high quality - rejection rate of less than 0.5 %, and turn around time can be as short as 5 days.

    And since it is NEVER ILLEGAL to make Linux CD-ROMs, legality wise there shouldn't be ANY PROBLEM.

    So, next time if you wanna make CDs, or you have a rush job and still want to have high quality CDs made, give Malaysia a call.

    You won't be disappointed !

  • by StandardCell ( 589682 ) on Tuesday July 01, 2003 @04:50AM (#6337702)
    I remember nine years ago when I was shopping for a top of the line PC (at that time, a 486DX-2/66). I walked into a local computer superstore and told them what I wanted; however, I also wanted to save a few bucks and just have the hard drive boot to a DOS prompt, no more.

    The salesperson was very pushy and asked "well what are you going to install on there?" and I of course responded "anything - SCO Unix (note: what irony, little did I know...), Linux, BSD...why?" Well, sadly, I was informed by the salesperson there that I "would not be receiving a hardware warranty if I did not order it with Windows."

    Needless to say, I walked out shortly thereafter and later learned that this was a common practice at the time and at later points in time. The moral of the story is that anything that Microsoft might have its grubby little hands, in any form, may affect the average Joe in unimaginable ways, and many imaginable ones. Just like me, and just like the folks trying to legally dupe CDs.
  • by jkrise ( 535370 ) on Tuesday July 01, 2003 @04:57AM (#6337716) Journal
    "I think little by little, SCO's efforts to create FUD may inconvenience substantial numbers of people."

    Ditto. Other strategies (MS is involved with these, apparently) include Gartner going round the world promoting the SCO FUD. People need to remember that GNU and Linux took a lot of daring, creativity, powerful people etc. If they can't look browbeaters in the eye, they probably don't need the free stuff.

    Rather than keeping track of SCO and MS victims, a better approach, IMO would be to give wide coverage to the views of stalwarts like Linus, RMS, ESR etc. Groups like LinuxTag in Germany and others in Poland and Australia have done great pro-active work and have asked SCO to shut up.

    Since GNU and Linux derive from international efforts, and benefit all nations as well, (unlike SCO-MS which benefit only the US, primarily), the true facts about SCO must be beamed across mainstream media throughout the world.

    In fact, Slashdot could avoid devious SCO interviews, and focus on anti-FUD efforts. HP withdrew it's Linux PC notebook offerings in Thailand, and MS is offering XP and Office for $36!!

    SCO's case is about contract dispute, but many in the media talk about IP violations, as if they knew what that meant. Let's all adopt a healthy Dirtier-than-SCO attitude - let's have a /. article on this topic.
  • by mrscorpio ( 265337 ) <twoheadedboy@@@stonepool...com> on Tuesday July 01, 2003 @05:03AM (#6337726)
    Yes it is true.

    Frankly, I am for this - not the prohibition of women (my wife), atheists (myself), and homosexuals (my best friend), mind you, but the right for a private establishment to allow or not allow anyone they choose for any reason.

    Notice I say PRIVATE. The Boy Scouts and The Masters are private organizations, paid for by individuals, not the government, i.e. tax dollars. Everybody pays taxes (well, in theory), so everyone should have access to publically/federally funded organizations. Individuals fund private organizations, so those individuals should then also decide who is eligible for the benefits enjoyed by members of said organizations.

    On a smaller scale, saying that you don't think private organizations should be able to discriminate would be akin to saying that you couldn't keep someone out of your house for a prejudicial reason. What's prejudicial? Shouldn't matter, it's YOUR house and you should have a say in who comes in the door. The same goes on a larger scale. The Masters does not prevent women from playing golf and the Boy Scouts don't prevent atheist from learning how to survive in the woods. Nor does the KKK prevent blacks from being white supremacists (Laugh, it's a joke. And also a Chappelle Show reference). So why not move along to another club that will have you as a member, or start your own, rather than clashing with a group that doesn't want you?

    I know I am putting many words in your mouth in this reply, but I'm always making this point with other people when the topic comes up so I figured I'd translate it to written form for the purpose of slashdot discussion. If the views I'm replying to don't reflect your opinions on the matter, no offense intended.

    Chris
  • by Heartz ( 562803 ) on Tuesday July 01, 2003 @05:10AM (#6337746) Homepage
    CD Pirates are one of the primary reasons why Linux is gaining ground in Malaysia. They are cheap, and have all the latest titles. Linux enthuthiast who need the latest ISO's just needs to go to his local pirate distributor and usually in 2-3 days, you'll be able to get a copy. Especially useful for those of us who don't have Broadband internet at home.

    They are also actively promoting Linux to businesses who are looking for alternatives to microsoft during the latest software piracy crackdown.

    Pirates have brought linux to Malaysia! Pirates aren't that bad after all ;)

  • by Brynath ( 522699 ) * <Brynath@gmail.com> on Tuesday July 01, 2003 @05:17AM (#6337767)
    One Microsoft Way
  • Re:Not so surprising (Score:3, Interesting)

    by stephenbooth ( 172227 ) on Tuesday July 01, 2003 @06:48AM (#6337947) Homepage Journal

    Sounds rather like being a commissar under Stalin. Everything's all fine and dandy until one day the secret police are knocking your door down and dragging you off to a re-education camp in Siberia.

    Stephen

  • by Daengbo ( 523424 ) <daengbo@gmai[ ]om ['l.c' in gap]> on Tuesday July 01, 2003 @06:58AM (#6337963) Homepage Journal
    What I don't understand is why (and yes I'm going to make an offtopic "Why didn't MY submission make it?" comment) this story is a big deal, when MS just hikacked tens of thousands of computers to be sold by the Thai government with Linux pre-installed by offering Windows to purchasers for 250 Baht (about US$6). There were supposed to be a hundred thousand Linux computers by December, and now there will be, like zero. Check my journal for the details.
  • by Anonymous Coward on Tuesday July 01, 2003 @07:20AM (#6338009)
    A couple of hours ago, I independently raised these exact points in a polite email to Software Images as to why my business (inside their geographic area) cannot afford to rely on their service.
  • by macdaddy357 ( 582412 ) <macdaddy357@hotmail.com> on Tuesday July 01, 2003 @08:20AM (#6338180)
    A contract with Microsoft bans a CD duplicating company from making Linux CDs. That is a restraint of trade, banned by most anti-trust law. I do not know about in New Zealand specifically, though. Maybe it is legal there.
  • by autechre ( 121980 ) on Tuesday July 01, 2003 @08:22AM (#6338191) Homepage
    According to the FAQ, if your submission was rejected by one editor, maybe another will approve it, and they also appear to cave if many people keep submitting the same story.

    I want to believe that this can't be completely legal. Does Thailand have any "illegal dumping" laws like (IIRC) the U.S.? Also, if this deal goes through, it might make interesting ammunition the next time Microsoft tries to "estimate" costs of illegal copying. Wait, how much is Windows really worth again? Retail, OEM, or $6? Along those lines, I wonder if any of Microsoft's big customers will be annoyed that someone else is getting a much better deal than they are.

  • Or lie. (Score:2, Interesting)

    by autechre ( 121980 ) on Tuesday July 01, 2003 @08:38AM (#6338294) Homepage
    Take screenshots of what happens when you go through winipcfg and put them on your hard drive. Then just browse through them and pretend you're actually doing it.

    Comcast doesn't seem to care what I run; they say something to the effect of, "OK, well you'll have to set that up yourself." As long as my DHCP client works, they don't seem to care that it's OpenBSD. I know I've checked my end, so I sometimes tell them I don't run Windows (if they start going into details), and sometimes just tell them what they want to hear. Besides, the lights on the cablemodem are generally what they ask about first, and they can do some diagnostics (and even upgrade the firmware) from their end.

    If they service your area, Speakeasy DSL is actually friendly to *nix-like operating systems (and people who want to run servers). Sadly, now my cable bandwidth has been increased and I am lazy. Maybe one day Comcast will actually become the NAT/upload fascists they claim to be.

  • Re:The Installfest (Score:3, Interesting)

    by stinky wizzleteats ( 552063 ) on Tuesday July 01, 2003 @08:54AM (#6338386) Homepage Journal

    How much does it cost to ship 50 freshly burned Knoppix CDs to NZ by Saturday? Can you give me an address so I can price shipping?

  • by Trolling4Dollars ( 627073 ) on Tuesday July 01, 2003 @09:33AM (#6338617) Journal
    Just work out a user friendly way to install from the internet. Older versions of RedHat used to install via FTP. Gentoo installs over the net. What "Joe Average" needs is a happy medium:

    -They pop open IE in Windows and go to the "Install Linux" web site and start the procedure.
    -It brings down a self extracting tar.bz2 archive which expands to %TEMP%.
    -It also creates another file that stores the actual location of %TEMP% in Windowspeak.
    -It then executes a Windows based binary that will format a floppy, a bootable ZIP or Jaz disk or burn a CD-R/RW as bootable medium.
    -It also unpacks file that contains an ext2 filesystem to %TEMP%

    When the floppy, Zip, Jaz or CD-R/RW are complete, the user is instructed to reboot with the new boot disk. When they do, they are first presented with a partition manager that allows them to resize their Windows partition and set up space for the Linux installation. Then the file with the ext2 filesystem is mounted and the real GUI based installation begins pulling the distro from the internet. (Network configuration, X with framebuffer support, etc... has already completed in the background)

    Obviously this would only be suitable for people with high bandwidth, but that could be solved too... The installer should allow the user to pause the installation and shutdown so that they can do it in phases. When they reboot, the installer would see the partially installed system and allow them to continue from where the log indicates that the install left off.

    CDs need to go away as an installation medium.
  • Re:Not so surprising (Score:4, Interesting)

    by rifter ( 147452 ) on Tuesday July 01, 2003 @09:42AM (#6338673) Homepage


    "SCO is about to attack BSD, too."

    Umm, where did you read that? I'd just like to read it myself...

    Linked For Your Pleasure! In this article [byte.com], Chris Sontag makes the case that essentially every operating system on earth is now SCO property. Somehow Sun is "in the clear,"but Microsoft is not. Key elements of this argument:

    1) The original AT&T contracts deeded all IP derived from Unix back to AT&T

    2) BSD is derived from this codebase as are all sysV implementations. Microsoft and Apple's current OS Offerings owe at least something to BSD.

    3) The BSD case covered pre sysV code, which the SCO released under BSD license a few years ago in any case.

    4) BSD has been contributed to since the case in 1994, and in some cases has received Linux code.

    5) SCO alleges that the BSD folks have not lived up to their end of the 1994 agreement

    It's a scary case, but honestly I don't see how any judge could grant such sweeping power to SCO. It would destroy the IT market utterly and cast a chilling effect on any computer science innovation in the US. This case is going to ultimately end up having to decide many age-old issues which have caused us problems such as people who do not create IP but lay claim to it after buying bits of companies then exercise their rights in a much more egregious manner than the original IP holder would have, and the court-testng of the GPL, among other things.

  • by _iris ( 92554 ) on Tuesday July 01, 2003 @10:08AM (#6338845) Homepage
    I wonder if they denied to press Microsoft's discs when Microsoft was litigating the case brought against them by Caldera or the case with the DOJ.
  • Re:Helping the cause (Score:3, Interesting)

    by AtariKee ( 455870 ) on Tuesday July 01, 2003 @06:12PM (#6344025)
    I'm not trolling by saying this, but MAME [mame.net] has all the games I'd ever want to play :)
  • EMAIL the CEO (Score:3, Interesting)

    by oob ( 131174 ) on Tuesday July 01, 2003 @08:37PM (#6345109)
    To: chris.due@softwareimages.com
    Cc: logan.jay@softwareimages.com, cristian.giurgiu@softwareimages.com,
    rudy.clavel@softwareimages.com
    Subject: Refusal of Linux CD Order

    Dear Chris,

    I have just read with dismay the Slashdot and NZ Herald stories regarding your refusal to copy CD images of the Linux operating system for use at an
    upcoming Linux Installfest to be held in New Zealand.

    I understand that this refusal is due to a deal that your organisation has with Microsoft Corporation, your unfounded protestations of copyright infringement concerning Linux not withstanding.

    I believe that you are fully within your rights to make such a deal, sordid though I believe it to be, and to refuse work orders from your customers as you see fit.

    Like many others however, I dislike your decision and chose not to use your services or buy your products until such time as your decision is reversed and you make adequate restitution to the Open Source community.

    Further, I am in the process of contacting every person I can think of who might be in a position to do business with you to explain my decision, in the hope that they also may chose to do business with one of your competitors.

    I hope that the loss of business that results, along with the terrible press you have been getting encourages you to rethink your decision.

    Please withold any platitudes regarding the SCO Group suit against IBM, they are neither relevant to your decision or in themselves have any basis in fact.

    Regards,

Everybody likes a kidder, but nobody lends him money. -- Arthur Miller

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