[Ubuntu Chicago] Microsoft Vista's EULA - Request for Comments
eddiemartinez at gmail.com
Sat Sep 13 20:05:40 BST 2008
They can't FORCE you to use the OS. The EULA is pretty specific that if you
dont agree, decline, and return it to the retailer for a refund. I've had
success returning the license to Best Buy before.
On Sat, Sep 13, 2008 at 12:35 PM, Michael Stemle
<manchicken at notsosoft.net>wrote:
> 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
> Ubuntu-us-chicago mailing list
> Ubuntu-us-chicago at lists.ubuntu.com
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