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Association Francophone des Utilisateurs de Linux et des Logiciels Libres

French speaking Linux and Libre Software Users' Association

Promouvoir les logiciels libres ainsi que l'utilisation de standards ouverts.

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"Détaxe" Workgroup Wiki

Original French version

The goal of the "Détaxe" workgroup is to have legislation applied to French computer market. As such it is similar to Microsoft Windows Refund for the Bay Area. We have close ideas (see their FAQ to understand better the issue) with a few exceptions:

  • the refund terms are not in the EULAs anymore, so we ask for refund according the fact...
  • we have the proof that OEM software are "tied" and not only "bundled" to hardware and we think it is exactly in the scope of our initiative. According to French laws, tying such products (goods and services) are illegal but the institution which should have these laws applied usually acts promptly it has strangely done nothing for the last 3 years.
  • it is not possible to read EULAs before purchasing a computer which is once again illegal (at least ten French laws are infringed including the first consumption law).

The problem raised ten years ago...

Since Microsoft softwares are sold under OEM license, all constructors use it to sell a bunch of softwares even the most useless ones with their hardware.

When this problem occurs for the first time, the European Commission demanded Microsoft not to force constructors to sell its OS. It seems that pressures still exist to force them. Moreover, this should apply to all software companies.

... and the French Directorate General of Competition, Consumer Protection and Suppression of Fraud (DGCCRF) still keeps inactive ...

The French law is clear, applicable. The facts are obvious. But in front of the big crime, the DGCCRF do not say anything... You just have to know that as long as the DGCCRF do not have the law applied, you pay and feed monopoles. It is time to react!

Summary of the problem

Currently, almost all computers are sold bundled with softwares and more specifically laptops. It also happens with peripherals such as printers, scanners, digital cameras... The prices of these softwares is never mentionned but is about 20 to 25% of the total price. Yet the natures of hardware and software are really different and the French comsuption laws forbid explicitely to link the selling of services (software licenses) to hardware.

And separating the sale of hardware and software is simple: you just have to give or not the license certificate and software activation code. All consumers would find advantages:

  • for consumers who want the installed softwares: the indication of prices would reintroduce concurrence in the software market as an effect better prices;
  • for consumers who wants the installed software but not released under OEM licenses which are more restrictive than those of retail versions;
  • for consumers who already own licenses for these software;
  • for consumers who want to use other softwares;
  • for companies which want to know software prices to pay the softwares for themselves in one year instead of three years as the hardware.

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