So the 5% rule really isn't that bad. In effect it keeps cheap PCs and net books reasonably priced on the cheap side.
If the big OEMs had to pay $50 on a netbook for the OS prices would surely go up.
Think about it, if you buy an extreme PC for $3,000 you'd be paying a hidden charge of $150 for the OEM windows license. This would be in-line with what you'd pay if you bought the OEM version from an e-tailer. (Assuming you buy windows ultimate, which with a $3,000 PC you probably would be).