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So I just got this message from Aaron Hoag at the DOJ.

It looks like we're fucked.

My original letter to the FTC, which was then forwarded to the DOJ, is here.

Mr. Hopson,

Thank you for your e-mail regarding changes to Microsoft's Secure Boot policies in Windows 10, which was forwarded to the Antitrust Division of the U.S. Department of Justice by the FTC given our history with our cases against Microsoft.

I spent many years working on enforcement of the Division's judgment against Microsoft. As a result, this is an issue that I personally have followed since it initially arose, as you note, in Windows 8. While I appreciate your concerns and those raised by the open source community at large, from an antitrust point of view it is difficult to build a viable case in light of, amongst other factors, Microsoft's willingness to work with the largest Linux vendors to ensure their operating systems will be able to load when Secure Boot is enabled. Without disputing or diminishing the fact that in your own case this solution has not been sufficient to allow you to install your preferred variety of Linux, I can only note that to build an antitrust case, we would be required to show a market-wide effect, which would be exceptionally difficult given the ease with which a user can install Fedora or Ubuntu, to take two of the largest Linux flavors, on a machine even where the OEM has chosen to prevent users from disabling Secure Boot.

We will of course continue to watch this market and will take appropriate action if Microsoft engages in anticompetitive behavior in violation of the antitrust laws.

Thank you again for taking the time to ensure that we were aware of this issue, and do not hesitate to contact us again should future events warrant it.

Yours truly,
Aaron Hoag

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Aaron Hoag
Assistant Chief
Networks & Technology Enforcement Section
U.S. Dept. of Justice, Antitrust Division
450 5th St, NW, 7th Floor
Washington, DC 20530
Phone: (202) 307-6153
E-mail: aaron.hoag@usdoj.gov

If you have something to say to him, be civil, rational, and kind. No good will come to our cause by being a dick.