[Ubuntu Chicago] Microsoft Vista's EULA - Request for Comments

Michael Stemle manchicken at notsosoft.net
Sat Sep 13 18:35:44 BST 2008


Well, if you're going to go the tying route you could also point them  
to the fact that the PC retail industry is also systematically using  
hardware components that are "designed for Windows" (and they're not  
ashamed to plaster an ugly sticker on the box to say so) which results  
in the hardware being non-functional for non-Windows systems....  
further forcing users to agree to the Windows agreement and abide by  
the Microsoft Cartel.

Also, most retailers also omit re-install discs on many machines,  
forcing users to suffer problems long-term, and "encouraging" them to  
buy non-OEM copies of Windows when they're entitled to a copy of all  
software purchased on their machine.  Sure you can call and ask for a  
copy... but I don't think most consumers will think to call the  
retailer after the warranty runs dry.

I don't think much will come of such a complaint though.  These  
retailers are only involved because they think this is the only way to  
sell PCs.  Many of them don't give refunds because many of them see  
themselves as giving windows out for "free" with the PC, so they're  
essentially attributing no dollar value to the copy of Windows...  
which begs the question: if Windows has no dollar value at the OEM  
level, isn't Microsoft essentially gouging its sales by charging so  
very much higher than market value?

On Sep 13, 2008, at 06:45 , James Murray wrote:

> Request for comments.
>
> I recently read a few articles of persons (non-US) forcing PC  
> retailers and/or PC manufacturers to adhere to the Microsoft Vista  
> End User License Agreement (EULA) when they did not agree with the  
> EULA and wanted a refund for Vista on their new purchased computer.   
> They are Linux users.  In the articles I read, they eventually  
> received a refund in the range of US$50 - US$90.
>
> Microsoft Vista's EULA states,
> "By using the software, you accept these terms. If you do not accept  
> them, do not use the software. Instead, return it to the retailer  
> for a refund or credit."
>
> I decided to determine what the major US PC retailers and  
> manufacturers will do when a customer requests a refund for Vista on  
> their new PC.  I contacted the following companies:
> Amazon.com,
> Tiger Direct,
> Buy.com,
> Newegg.com,
> Circuit City,
> Best Buy,
> Walmart,
> Fry's,
> Office Max,
> Office Depot,
> Micro Center,
> CompUSA, and
> Staples.
>
> I asked this
> "I am planning on purchasing a notebook computer from your store and  
> I want to know the refund process for returning Microsoft Windows  
> Vista that is included with the computer. Per the Microsoft Vista  
> End Users License Agreement (EULA), since I will not be agreeing to  
> the EULA (I use Linux), I am to return it to the retailer (you) for  
> a refund.  Please provide your refund process for Microsoft Windows  
> Vista when not needed with a new computer."
>
> All have responded except Fry's and Micro Center.  All of their  
> responses are documented (emails) except for the telephone  
> conversations (Walmart, Dell, and a follow up call from Office Depot).
>
> All stated "no refund" for loaded software.  Dell was the only  
> company that came close because they directed me to their new PCs  
> with Open Source OS (Ubuntu).
>
> I have not finished the investigation (some follow-up communications  
> required with a few companies and a call to Microsoft for the  
> refund), but I am thinking of forwarding my entire investigative  
> report to the Illinois Attorney General and the US Justice Dept. as  
> a complaint that the PC reseller industry systematically breaches a  
> contract (MS EULA) and violates US anti-trust laws (tying).  Also, I  
> may forward the report to local or national media for publication.
>
> So, any thoughts or comments from the local Ubuntu group?  All  
> comments, good, bad, nasty, etc., are invited.
>
> Thanks for your time.
>
> Best Regards,
> Jim Murray
> email: jmurrayil at yahoo.com
> (Ubuntu user on 7 PCs)
>
>
>
> -- 
> Ubuntu-us-chicago mailing list
> Ubuntu-us-chicago at lists.ubuntu.com
> https://lists.ubuntu.com/mailman/listinfo/ubuntu-us-chicago


-
Michael Stemle
manchicken at notsosoft.net







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