LeRoy Cressy on Tue, 19 Feb 2002 15:33:19 -0500 |
If I remember right Toshiba had a lawsuit against them for the EULA and now they state that merely opening the case means that you except the terms of the license. I think that the other companies have followed suit. Bill Jonas wrote: > > 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 > > ------------------------------------------------------------------------ > Part 1.2Type: application/pgp-signature -- Rev. LeRoy D. Cressy mailto:lcressy@telocity.com /\_/\ http://www.netaxs.com/~ldc ( o.o ) Phone: 215-535-4037 > ^ < Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father, but by me. (John 14:6) ______________________________________________________________________ Philadelphia Linux Users Group - http://www.phillylinux.org Announcements-http://lists.phillylinux.org/mail/listinfo/plug-announce General Discussion - http://lists.phillylinux.org/mail/listinfo/plug
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