2010 version of the International Racketware Petition

Dear Internet user!

We support freedom for the consumer not to have to pay for pre-installed software licenses when buying a computer. This freedom of choice is easy to implement and use, and would allow all software to compete in the market on an equal footing.

Users of free software and open formats would particularly benefit from this freedom.

Even if you do not currently use free software, you may have other reasons for not wanting to pay for software licences. For instance, you may have received them through University or work, or you may have previously bought them elsewhere.

Therefore, we demand the right of consumers to buy any hardware without bundled software. Please sign and promote this petition.

International Racketware petition for the right to buy any hardware without software

Context

We, the consumers, agree that OEM licenses (Original Equipment Manufacturer licenses) are an efficient and cheap way to distribute software broadly. However, if we prefer to use alternative licensed software obtained elsewhere, we currently cannot refuse to buy the OEM license. We have thus reached a situation where competition is blocked: no competitor to OEM licensed software can enter the market. Consequently, software prices are artificially high. Consumers and software as well as hardware companies need clear rules in the software market to restore competition, thus reducing prices and increasing quality.

We need competition and fairness in the field of software.

1. We benefit from competition in personal computer hardware (such as desktop computers, laptops, tablet PCs and handheld PCs), leading to steady improvements and lowered prices. Yet, we lack good and effective competition in software, including operating systems.
2. We don't necessarily need to buy the bundled software: some of us use software other than that imposed by the vendors and manufacturers. Some users already have personal licenses to the bundled software, for instance through their university or work. There is no reason why we should pay for software licenses when we do not need them, and no reason why we should be deprived of good or cheap personal computer hardware when we refuse to pay for software licenses that we do not need. That is not fair.

Demands

We request that the legislative and administrative authorities and competition agencies of our countries and groups of countries transpose the following requests into law, and enforce this law.

Each time a personal computer (desktop computer, laptop, tablet PC or handheld PC) is sold with bundled software:

1. the seller should be required to provide a detailed, itemised price breakdown of any bundled software (including the operating system) clearly displayed alongside the computer's price tag, and easy access to the license terms before the sale ;
2. the user should have the option to buy the computer without the bundled software after easy deactivation by the vendor;
3. the software license should be available for purchase as a standalone product at the same price as when it is bundled with the computer.

Simple procedure for the vendor

A simple procedure must be available for consumers who do not need the bundled software licenses to keep the hardware and not pay for the software license.

1. If the software is pre-installed on the hard disk, the vendor should be able to remove its license in a simple manner, for instance by not issuing its activation key.
2. If the software is on a removable medium sold with the hardware, it must be possible for the vendor to remove the medium in a simple manner.

No discouraging procedures

In some countries, manufacturers impose additional procedures for refund. These procedures are in fact technically useless:

1. requesting the return of a certificate sticker after the purchase does not warrant that the consumer has not written down the license identification number or activation key printed on the sticker;
2. requesting the return of the computer after the purchase does not warrant that the consumer has not kept a copy of the initial content of the hard disk.

These useless procedures are thus in fact simply a disguised attempt to discourage the consumer from claiming refund. They must be prohibited.

Full competition on software

For full competition on software, including operating systems, consumers must be able to explore competing software options and switch between them without hindrance. Competing software developers should also be on an equal footing technically.

1. The use of technologies that hinder the installation or the use of other software, such as the hardware "tattooing" used by some manufacturers, must be prohibited.
2. The installation of new software, including operating systems, must never maliciously damage the access to previously installed software. Widely used technology allows competing software systems to coexist on the same computer harmlessly, whether usable directly or awaiting activation.
3. The choice of operating system must not be restricted because of incomplete hardware support. Manufacturers of new hardware components must be required to systematically publish full relevant information for driver development before the components are released commercially, and update such information as soon as necessary.