right, some free advertising. Now what if the tool let you get something shipped to you free, doesn't cost a penny, that's as near to the macbook as the tool can get it.
(as per the present example).
the free advertising doesn't sound so good now does it? I mean, in this gratis example, are you going to send enough more people to paying $1200+ by having this tool acknowledge that macs are a great gold standard, than the macs will lose to their free competition?
(To get closer to numbers /a bit more formal analysis: Macs, like textbooks, are EXPENSIVE. And it's hardly an inelastic demand curve, like it would be if you could try to find the cheapest and best witch-doctor, non-FDA approved herbal "remedy" that matches a real drug that actually cures the illness but is patented. Yeah, in this case everyone who's right in the head and has enough money will go use the real drug. But as for a $1200 computer vs 'dell' generic 'free'... as for a $120 textbook vs 'open document sources' generic 'free'...)
because that would be the analogy. free advertising for the $120+ textbook (actually how is it really advertising if the user has to put it in themselves, as per the story and per my 'enter a model number' example) - while offering a gratis alternative as close as the tool can get it.
legally I bet it's fine, but great advertising proposition for the entity under fire does not seem to me a solid argument in the present case...
Neither Dell nor Apple gives away their products for free. Nor will they at any time in the future, so the textbook for laptop metaphor is invalid in this case.
What I alluded to is that should Dell engage in a product comparison campaign with Apple, their approach would probably do more to highlight their shortcomings rather than convince a potential buyer that they should choose price and configuration over experience.
Those two companies may be in the same industry but they are selling very different products to different demographics. It would be like Chevrolet comparing their free tote bag for every purchase with Porsche's optional carfit luggage kit.
what? Why would price have ANY effect on the analogy? If anything, European courts have looked down on Google offering a service for free that is even in the same SPACE as a paid service ("dumping"), and an argument could be made that the tool is undermining the publishers to put them out of the business and then offer its own for-pay alternative. Other than that, the fact that it is free has zero bearing on anything. I intended the analogy to make us think about how the law applies, not to make us think about free computers.
