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Google should be able to do whatever they want, considering that the customers have agreed to it.

Of course this attempted regulation is not stupid per se - it's just stupid in the context of Google and its e-mail system. If Microsoft were to do this to Windows and implement an uninstallable system that could track your browsing, document editing and other activities in order to collect demographic data, I'd say throw the book at them. The difference? Google doesn't have a monopoly over anything. There are tons of alternatives, both for webmail and e-mail in general. (Of course there are also alternatives to Windows, but for better or worse the world is more dependent on Windows than it is on Gmail.)

I hope silly uses of our government's time like this one don't serve to prevent us from doing useful things with government regulation - like forcing Microsoft to refund your money if you return your unused copy of Windows, or preventing public companies from inflating their stock values for executive sell-offs. There is such a thing as regulation that serves the public good, regardless of what Religious Republicans try to tell you. This just ain't it.

It seems the only real route at present is linux compatability lists, coupled with Windows Refunds

Its a shame, but it seems the big manufacturers just dont see the market for linux laptops.

Plus only recently has it been decreed that MS can no longer hold things back from manufacturers who ship bare systems.

You need to try harder. It can be done:

windows refund for a dell story

Best idea: just return the operating system

I've heard that is possible, but I don't know what is involved, how long it would take, or if you would ever get your money back in the end. I'd much rather buy a laptop without the OS to begin with.

I didn't read all the comments, but I'm surprised nobody posted some of these links:

Another case in Slashdot, some years ago. An Australian got his money back.

Windows Refund Day

Windows Refund category in the Open Directory Project.

I bought an used laptop (3rd hand!), and it didn't have M$ Windows, but SUSE. I formatted it anyway, and installed Debian :-)

but I'm still curious as to how to go about returning copies of proprietary computer programs sold at retail...Do I have a chance in small-claims court against Best Buy for breach of contract?

IANAL either, but I think it would be more likely that you would have a case against the software manufacturer. One of the things that ProCD v. Zeidenberg states is that the click-through license is legal because it gives the end-user the chance to cancel the contract by returning the software. If you can't return the software and the manufacturer won't take it back, I think you would have a very good case for invalidating the entire EULA. There is another overriding issue with the OEM versions however. Dell, Compaq/HP, Toshiba and others say that the OEM software is not sold separately from the hardware. You can't get a refund on the OS any more than you could on the CPU or the IDE cables. If you don't agree to the EULA and want a refund, you can get it by returning both the hardware and software for a full refund, less shipping charges. I couldn't find any major cases that had anything to do with the legality of this position - maybe it's one of those "gray areas" that has yet to be challenged. This guy got laughed out of small claims court though.

...how was I holding my Windows ME operating environment re-installation disc, provided by Dell, in my hand one minute ago

Things used to be different. With new systems and XP, all they provide is a recovery CD. The Windows XP .CAB files are probably in there somewhere, but it won't work if you try to install it on another computer.

Many Microsoft products don't make that info available, you're right -- sounds like a bad business practice and one that is likely to cost them customers. So don't buy from them. I typed the following into google:

linux license agreement
apple license agreement
windows XP license agreement (XP added to eliminate all the windows 95 references)

I found an OS developer or two who published theirs: RedHat Agreement and Apple OS agreement (PDF). I guess they seem like better companies to buy from.

Simple, really. If you don't like the RIAA and it politics, don't buy Sony CDs. If you don't like Microsoft or Symantec's ham-handed EULA management, don't buy their products. Nothing will break their backs quicker. This silly lawsuit won't do it. The best this lawsuit can hope for, beyond a teeny weeny settlement, is to heighten people's awareness that non-exposed EULAs are dangerous so you should consider other software. If Microsoft doesn't change their practice they will lose business -- it's all about competition.

The only reason to sue them is because they have harmed or wronged you in some way. In this instance they did not harm or wrong anyone who read and even remotely understood the damn box!! Yes, just the box -- I've clarified that to death. That is my ultimate point and the one that will likely win in the courts. A great win would be that the EULA ENCLOSED label will be in big red letters and a copy will be available at the counter, be 25 pages long, and take you a half an hour to understand so you'll compulsion buy anyways to save time. The open box/ no-return policy will likely still stand.

I sent an email to piracy@microsoft.com asking about getting a copy of the EULA. You are exactly right about it not being obvious (if at all) on their web site. After poking around the common email address was that piracy one so I tried that. We'll see...

How I took HP and Microsoft to court and still got no refund. (not wholly applicable, but an interesting read)

windowsrefund.net

I'm participating, tell your friends.