Bill Jonas on Tue, 19 Feb 2002 15:02:56 -0500


[Date Prev] [Date Next] [Thread Prev] [Thread Next] [Date Index] [Thread Index]

Re: [PLUG] Recommend a Laptop


On Tue, Feb 19, 2002 at 01:00:25PM -0500, Paul wrote:
> Can I return WinXP for a refund???

According to the EULA, you can, at least with older versions of MS
Windows.

In practice, good luck trying to get it.  From what I've heard, HP will
tell you that they can't give you a refund since they've already paid
Microsoft for the license.  Microsoft will tell you that the EULA says
that you have to get a refund from HP.

The EULA, in effect, says (paraphrased), "If you do not agree to the
terms of this End-User License Agreement, do not proceed and contact the
vendor from which you purchased the Software for a refund."  That would,
in fact, be HP.  They will *not* want to pay, since they get no refund
from Microsoft if they refund your money.

So the situation is like this: Microsoft requires (or required[1]) all
the big-name manufacturers to buy a Windows license for each computer
they manufacture in order to get a discount.  If you don't agree to the
license, you can (theoretically, in a legal sense) get a refund, but the
refund comes from the manufacturer and not from Microsoft, who get their
money regardless.

So it depends on your objectives.  If you want to avoid giving Microsoft
your money, you're SOL even if you get a refund.  If, however, you want
to encourage OEMs to not require the purchase of a Windows license, then
this strategy might be effective.

Personally, I prefer building my own system, as I don't pay for any
software I don't want, and I can use exactly which *quality* components
I want in the system.  With laptops, of course, it's trickier, since
most of the hardware is custom.  Your only options would be to find an
OEM that will sell you a "naked" laptop (ie, without an OS) at a reduced
price, or to get one from a Linux reseller, such as Emperor Linux (.com)
or Tuxtops (also .com).

If you decide you want to purchase this particular machine and get a
refund for the Windows license, you might try starting with a Google
search for "Windows refund day" and/or "Windows refund".  There was an
event in the Silicon Valley area (and probably other areas) a couple
years ago in which they went to the local Microsoft office en masse.
Not much happened ("We don't give refunds.  The OEMs are the ones you
need to talk to."), but stuff was learned.

http://www.google.com/search?q=windows%20refund%20day
http://www.google.com/search?q=windows%20refund

[1] I think that they've started playing a *little* nicer for the trial,
in that a manufacturer doesn't have to buy a license for *every*
computer they manufacture.  However, it's now divided up by product
line; manufacturers have to buy a license for *every* computer in a
particular product line in order to get their discount.  (Which is why
you *still* have a hard time buying a non-Windows computer, because they
have to have a *separate* model number for a non-Windows computer.)

-- 
Bill Jonas    *    bill@billjonas.com    *    http://www.billjonas.com/

Developer/SysAdmin for hire!   See http://www.billjonas.com/resume.html

Attachment: pgpoRh0lc3qOY.pgp
Description: PGP signature