LeRoy Cressy on Tue, 19 Feb 2002 15:33:19 -0500


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Re: [PLUG] Recommend a Laptop


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)

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