21-year-old takes on HP for bundled OS
A 21-year-old free-software enthusiast in Mumbai is taking on Hewlett-Packard, the multinational computer giant. Ishan Ketan Masdekar has sent a legal notice to HP for "compelling" him to buy a product that he says doesn't meet his requirements. The product in this case is Microsoft Windows 8 operating system, which came bundled with the HP Notebook he bought in June this year.
Masdekar's notice asks for a refund of his cost on the OS but, more importantly, he wants a change in HP's software terms policy, which the notice says is anti-competitive and violates India's Competition Act 2002.
The programmer at Digital Freedom Foundation is perhaps the first in India to send a notice to an original equipment manufacturer for bundling software with hardware, but he is part of a global trend. Free software enthusiasts across the world run campaigns like 'No More Racketware' and fight what they call "Windows Tax".
In 2011, an Italian consumer watchdog took Microsoft to court over software bundling after it won a pilot case against HP in 2007 and, in 2012, a French buyer won a case against Lenovo. Microsoft has been fighting bundling accusations since the browser wars of the 1990s between Internet Explorer and Netscape.
Masdekar himself has sent the notice not so much for the refund, but to make buyers aware that they have a choice. "I don't care much for the refund," he said, "which would come to around Rs 3,000. I want people to know that they don't have to take whatever software is given to them."
Responding to ET's request for comment, HP said it "has an extensive product portfolio which provides consumers with variety, including units bundled with a built-in OS and those without".
Proprietary software makers and OEMs have their defence against the free-software activists. They say 'naked' PCs — machines that don't come with pre-installed OS — encourage piracy. Without the pre-installed OS, a user might be easily persuaded to buy a cheaper copy. Also a large portion of Indian consumers may not be looking for a choice, says Vishal Tripathi, principal research analyst at Gartner.
"Many buy PCs for their convenience and not to begin a learning curve (which an alternative OS would require)," he says. Therefore, a large number may prefer machines with pre-installed OS.
Windows' licence agreement leaves the resolution of conflicts such as Masdekar's to the laptop manufacturer's policy, in this case HP's. When Masdekar contacted HP's Customer Relations, a manager wrote back saying that "the HP OS Image (HP Recovery) is a bundled software meant for HP systems only" and a refund for the Windows 8 OS alone would not be possible. Therefore the user, Masdekar, is now left with two options use a software he does not want or return a hardware that he does.
This does not mean that consumers have a choice of picking every model with or without OS, says Pravin A, founder of Pirate Movement of India. "Entry level, low-powered PCs usually come without an OS pre-installed."
Masdekar's notice asks for a refund of his cost on the OS but, more importantly, he wants a change in HP's software terms policy, which the notice says is anti-competitive and violates India's Competition Act 2002.
The programmer at Digital Freedom Foundation is perhaps the first in India to send a notice to an original equipment manufacturer for bundling software with hardware, but he is part of a global trend. Free software enthusiasts across the world run campaigns like 'No More Racketware' and fight what they call "Windows Tax".
In 2011, an Italian consumer watchdog took Microsoft to court over software bundling after it won a pilot case against HP in 2007 and, in 2012, a French buyer won a case against Lenovo. Microsoft has been fighting bundling accusations since the browser wars of the 1990s between Internet Explorer and Netscape.
Masdekar himself has sent the notice not so much for the refund, but to make buyers aware that they have a choice. "I don't care much for the refund," he said, "which would come to around Rs 3,000. I want people to know that they don't have to take whatever software is given to them."
Responding to ET's request for comment, HP said it "has an extensive product portfolio which provides consumers with variety, including units bundled with a built-in OS and those without".
Proprietary software makers and OEMs have their defence against the free-software activists. They say 'naked' PCs — machines that don't come with pre-installed OS — encourage piracy. Without the pre-installed OS, a user might be easily persuaded to buy a cheaper copy. Also a large portion of Indian consumers may not be looking for a choice, says Vishal Tripathi, principal research analyst at Gartner.
"Many buy PCs for their convenience and not to begin a learning curve (which an alternative OS would require)," he says. Therefore, a large number may prefer machines with pre-installed OS.
Windows' licence agreement leaves the resolution of conflicts such as Masdekar's to the laptop manufacturer's policy, in this case HP's. When Masdekar contacted HP's Customer Relations, a manager wrote back saying that "the HP OS Image (HP Recovery) is a bundled software meant for HP systems only" and a refund for the Windows 8 OS alone would not be possible. Therefore the user, Masdekar, is now left with two options use a software he does not want or return a hardware that he does.
This does not mean that consumers have a choice of picking every model with or without OS, says Pravin A, founder of Pirate Movement of India. "Entry level, low-powered PCs usually come without an OS pre-installed."
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