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MSN $400 Rebate in CA and OR Stopped

djneko writes "Looks like it was the real deal with the MSN instant rebate thing, because Microsoft pulled the deal in California and Oregon today after approximately half the state flocked to Best Buy and Office Depot to get their free toys. " I did hear from several people who got it, and others who didn't.

197 of 321 comments (clear)

  1. Vapor-deal! by Money__ · · Score: 1

    the 400 free was just the Beta?!?!
    _________________________

  2. See what anti-trust does? by bildstorm · · Score: 1
    Apparently Microsoft's lawyers were a little too busy with other matters and managed to overlook this one.

    And people say that big government is useless.. Hah!

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
  3. *Grins* by Jestrzcap · · Score: 1

    I laugh in microsoft's general direction. Silly goats.
    ~Jester

    --
    "I have great faith in fools: Self confidence my friends call it." ~Edgar Allan Poe
  4. indeed by Anonymous Coward · · Score: 1

    haha.. it's true.. i went to 4 bestbuys today around the so cal area and there were lines of 20 plus people.. it was hilarious... everything was literally looted, especially DVD players and TV's.. well i got my geeforce and a new soundblaster live! so it's all good.. thank you uncle gates!

    1. Re:indeed by Black+Parrot · · Score: 1

      > everything was literally looted, especially DVD players and TV's

      Wonder if this is big enough to influence the index of orders for durable goods this quarter?

      --
      It's October 6th. Where's W2K? Over the horizon again, eh?

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:indeed by aqua.net · · Score: 1

      Sure was.. I hit every Best Buy within driving distance, and their shelves were -bare-. No goodies for me. Oh well, I'll actually have to -pay- for a new DVD player. The outrage!

    3. Re:indeed by Caspuh · · Score: 1

      I grabbed four $100 gift certificates. Now i can wait until they restock.

    4. Re:indeed by neonzebra · · Score: 1

      Smart....

    5. Re:indeed by Kris_J · · Score: 1
      I grabbed four $100 gift certificates
      Brilliant!
  5. Cell phones. by _LORAX_ · · Score: 3

    So if MSN cannot illegally bundle products with a loan why can the cell phone comanies still do it? They build a repayment schedule into the cost of the service for the phones. Why do you think most of them have early termination clauses in the contract?

    Why hasn't anyone complained about them?

    1. Re:Cell phones. by kramer · · Score: 3

      So if MSN cannot illegally bundle products with a loan why can the cell phone comanies still do it? They build a repayment schedule into the cost of the service for the phones. Why do you think most of them have early termination clauses in the contract

      Because if you'd read the new article, you'd know Microsoft CAN do it. Microsoft misinterperted the law, and is actually offering a rebate and not a loan. As such they are not subject to the "no purchase with a loan" rule. They probably should have known this, but it appears their lawyers are a bunch of fuck-ups. The termination of the program in CA and OR is proabbaly just temporary while the work out a deal that doesn't require them to give everyone $400.

    2. Re: Cell phones. by InitZero · · Score: 1
      They probably should have known this, but it appears their lawyers are a bunch of fuck-ups.

      That ain't nice. Give 'em a break.

      All of Microsoft's good lawyers are busy playing with Judge Jackson. Bill probably saw a television commercial featuring one of Seattle's finest, talked him out of chasing ambulances and hired him to write the contract. It was an honest mistake.

      (I just wish I was in CA or OR instead of FL.)

      I love for one of the Slashdot crew to call Best Buy and see how their sales figures yesterday. I wouldn't be surprised if they did better yesterday than in the pre-Christmas rush.

      InitZero

    3. Re:Cell phones. by beagle · · Score: 1
      Why don't you just vote with your dollars? That's what we always do anyway. For example, I'll never again sign up for 1) analog cellular service, and 2) mobile phone service that requires a contract. NEVER. I've purchased a GSM phone (BellSouth Mobility DCS) and CDMA phone (Sprint PCS). Both because I refuse to sign a contract requiring a year of service - it's ridiculous! (As an aside, I hate CDMA - I wish Sprint used GSM! It's such a superior technology.)

      When I was in college, I voted for SCSI, OS/2, and NeXT (still have a Cube - way cool machine). Unfortunately only SCSI won.

      This is similar to the Star Wars: Episode I on DVD issue from the other day. You guys are wanting to vote with your dollars. Unfortunately you can't vote for a non-existant product (e.g. SW:TPM on DVD).

  6. And, in later news... by jd · · Score: 5
    A Microsoft spokesman said today that Microsoft regretted pulling the deal. "We just didn't realise that waving $400 in people's faces might result in them taking it."

    It was later confirmed that they had planned to step up in $400 increments, until they rivalled some of the State lotteries in America, in an attempt to prove that all MSN subscribers were winners.

    Rumours that Microsoft had sent three agents to destroy Slashdot, who's posting of the article on the deal is believed to have caused the massive take-up, were denied. In an issued statement, it was claimed that no such action was even possible, on account of there being no "Start" button.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:And, in later news... by dattaway · · Score: 2

      And if they don't honor the contract, don't be passive, complain in every way, escalate the incident to the top.

      I say this is that pretty soon, if you want to buy a computer at any store at the advertised price, you will have to buy it with a free "marketing research" rebate certificate with some long term strings attatched. How long will it take for that rebate check to be mailed? Not to mention basic internet service is going to be very competitive and cheap in a year. What if you buy two computers? Two internet rebates. Oh, goody!

      Fight this gimmick. Its evil.

    2. Re:And, in later news... by Borg#9 · · Score: 1

      Why you tell the pipples they ha' an accent when they dough no ha' an accent? - George Hamiltion, Zorro the Gay Blade.

      --
      Do not taunt Happy Fun Ball
    3. Re:And, in later news... by Anonymous Coward · · Score: 1
      Rumours that Microsoft had sent three agents to destroy Slashdot, who's posting of the article on the deal is believed to have caused the massive take-up, were denied.

      Let's not pat ourselves on the back too much: the news story was on the first page of the San Jose Mercury News, the biggest newspaper in Silicon Valley.

  7. maaaaann by DarkClown · · Score: 1

    this is the funniest move i've seen them pull yet!
    what were they thinking?!
    did anyone here get in on it? what was the procedure like?

  8. Is this right? by Amphigory · · Score: 4
    As much as I dislike Microsoft, is it really right to take their money in this fashion? I mean, it's kind of like stealing candy from a baby. And the clear intent of the agreement was that you have MSN service for three years -- some lawyer at MSN's corporate offices made a mistake -- which was compounded by some flunky believing in the good will of the citizens of California.

    And everyone took advantage of their vulnerability and kicked them while they were down. Granted, Microsoft is not exactly the nicest company on the planet. But should we really stoop to their level?

    --
    -- Slashdot sucks.
    1. Re:Is this right? by 348 · · Score: 2
      I don't know if this was "kicking them while they are down". If I lived in CA I sure would have taken their rebate. I'm currently an MSN customer, (no flames please, old e-mail acct. and my wife uses it) and although their service generally sucks, free stuff is free stuff.

      I really dont beleive this was a "some lawyer"(Singular) mistake. There had to have been many marketing, co-branding and sr. management types involved with this. This was a full blown project in my view and unfortunately for the, a pretty poor one.

      --

      More race stuff in one place,
      than any one place on the net.

    2. Re:Is this right? by clark9mm · · Score: 1

      YES it's really right. M$ and their lawyers are in charge of looking after their money, and we are in charge of looking out for ourselves. If they lay down on their "fiduciary duty" to make money it's up to us to take advantage of that. It's not a friendly game of tennis, it's *business.* They have plenty of resources to take care of themselves and to step all over anyone they want to. If they offer a deal that's not as advantageous to them as they might prefer they'll figure that out soon enough--looks like they already have. In the meantime, however, I'm glad that the deal proved advantageous to others.

    3. Re:Is this right? by Zac+Price · · Score: 1

      yeah, but is it right for them to charge the amount that they do for windows and office and many other product?

      just think of it as microsoft giving people a fair market value for their software.

    4. Re:Is this right? by Kithran · · Score: 1

      Yes Microsoft have made a mistake that has effectively led to them giving away money. However my feeling is until Microsoft start paying compensation for bugs in their programs (which after all are in theory due to a programmer making a mistake) they should just swallow the loss. If they were to provide refunds or free upgrades to (for example) people running MS Exchange Server 5.0 (which cannot be configured to prevent spmmaers abusing it to send junk e-mail without paying to upgrade to 5.5) people will have a lot more sympathy for their current plight.

      Kithran

    5. Re:Is this right? by Mindwarp · · Score: 1

      This is the point that I was trying to make when the original article was posted. This is just a case of people using a law that was created to protect consumers as a means to now rip-off a company. Well congratulations folks - you've now managed to get the deal pulled.

      An interesting question I'd like to ask everyone here is this. Would the responses and the reporting have been the same if it were someone like VA or RedHat running a $400 back deal?

      --

      --
      The gift of death metal does not smile on the good looking.
    6. Re:Is this right? by gotan · · Score: 1

      Who said that it's right to take the money? But in recent times i so often see big companies pummeling whoever they can with the law, that it's a nice break to see microsoft on the wrong end for once. When i don't read the fine print i'll have to pay for my error too, theirs is only a little more expensive.

      In my opinion MS played enough bad tricks on it's customers and competing companies, so while two wrongs don't make a right, i think Bill Gates isn't in the best position to demand fair play. And it's more like picking up some $100 bills left carelessly lying around by some Billionaire than like taking candy from a baby, especially regarding the fact that MS didn't take immediate action after it was all over the news.

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    7. Re:Is this right? by Troll_Hunter · · Score: 1
      people using a law that was created to protect consumers

      Like you said. Not a rip-off.

      Just people using a law that was created to protect consumers.

    8. Re:Is this right? by Battra · · Score: 1

      You are right, this is an ethical question. The other side of the issue is that many people feel that Microsoft has been taking money from consumers like candy from so many babies.

      I don't run any MS operating systems, but I know many people who paid retail for several versions of DOS, Win 3.0, Win 3.1, Win 95, Win 98, and on and on. On top of that are the upgrade fees for versions of MS apps that are forced on users because Microsoft chooses to change the file format to break backwards compatability.

      Maybe it is just primitive vengeance, but I can understand the viewpoint that many people have that, since they feel MS has been taking money from them over the years, they are entitled to take something back.

      For me, the funniest part of this whole thing is that it is a failed license agreement. After all, Microsoft has spent years coming up with one of the most restrictive EULAs in the industry, then they leave a loophole in this one that you could drive a Best Buy delivery truck through! And all of this was due to a misundestanding of California consumer law.

      From the article, it sounds like this may cost Microsoft tens of thousands of dollars, or maybe much more. I wonder what will happen to the lawyers who came up with these documents?

    9. Re:Is this right? by Wah · · Score: 2

      it's an agreement that keeps me from installing this perfectly good copy of NT on some new computers, instead I have to buy a new copy. If an agreement (from the same company!) makes it legal for me to "screw" them out of $400, I'm all for following it.

      Anybody who brings up moral arguments about money when dealing in business with a corporation should get their head checked. You KNOW they will do everything in their power to get your money, you must treat them likewise or get walked all over. 50 points to whoever read the fine print on this one.

      --
      +&x
    10. Re:Is this right? by Mindwarp · · Score: 1

      How exactly does this come under consumer protection??? Microsoft aren't abusing the consumer in this case. They are simply offering a $400 rebate!

      ABUSING consumer protection law like this devalues what the law-makers were trying to achieve, and in my opinion makes it less likely that these consumer protection laws will be passed in the future.

      --

      --
      The gift of death metal does not smile on the good looking.
    11. Re:Is this right? by bmetzler · · Score: 2
      Well congratulations folks - you've now managed to get the deal pulled.

      Well, that's good enough for me. I thought that the deal was just duped unsuspecting consumers myself. Now that it's gone for a short time) consumers are protected from making bad, uninformed decisions.

      Would the responses and the reporting have been the same if it were someone like VA or RedHat running a $400 back deal?

      Something tells me it would. All those Linux haters would have had a hey-day. What can you say? Maybe it *wasn't* ethical. But if the other side would have done it to you, then why act as if you are a nice "moral" guy and let them take advantage of you? You need to take your victories too, or just give up.

      I guess it's like beating up a bully. Sure it's unethical to beat someone up, but you know they are going to do it anyways. So you beat them up first to protect other innocent children.

      -Brent
    12. Re:Is this right? by Mindwarp · · Score: 1

      Well, that's good enough for me. I thought that the deal was just duped unsuspecting consumers myself. Now that it's gone for a short time) consumers are protected from making bad, uninformed decisions.

      So what you're saying is that people are too stupid to be able to make decisions for themselves. In fact, we're the ones that should be making the decisions for them? Can we say 'Big Brother' here?

      Something tells me it would. All those Linux haters would have had a hey-day. What can you say? Maybe it *wasn't* ethical. But if the other side would have done it to you, then why act as if you are a nice "moral" guy and let them take advantage of you? You need to take your victories too, or just give up.

      Too right it's not ethical. But it's not the ethical issue that worries me so much. The core issue as I see it is that consumer protection law was being used to in effect extort money from what was a completely legitimate business offer. The next time that a consumer law like this one is presented for a reading, large corporations will be able to wave this case of abuse as an example as to why it shouldn't be passed. We're just giving the corporate lobbyists more ammunition to use against us!

      I guess it's like beating up a bully. Sure it's unethical to beat someone up, but you know they are going to do it anyways. So you beat them up first to protect other innocent children.

      So what you're saying is that we should use any weapon against Microsoft? Even when that means that we're abusing a law that was originally put in place for a noble reason? Even though in this case they were offering a completely legitimate deal to the consumer? If we start walking this path, then we're going to end up as the next big corporate bully-boy.

      We shouldn't be trying to beat them by becoming them. We're meant to be better than that. Let's try to win this battle on our own merits, not by beating them at their own game.

      /me takes deep breath and calms down.

      --

      --
      The gift of death metal does not smile on the good looking.
    13. Re:Is this right? by JordanH · · Score: 2
      Seems like a consumer protection thing to me.

      These states are just asking for Truth in Advertising. If you advertise $400 in service rebates, then these States are saying that there'd better really be $400 available somewhere.

      Otherwise, you are making a false claim concerning this $400 "rebate". For example, the people who ARE paying $400 for that equivalent service could be being cheated.

      The guys selling the PCs splashing a price with the $400 removed are the one's attempting to benefit through a misleading practice and MSN is an accomplice. There would be no misrepresentation if the vendors just displayed the price you really end up paying and added "free 3 years of MSN when you buy now!" Bundling services and products together is not the problem, putting a misleading funny-money $ amount on it but not being willing to back that up with real money is the problem.

      I don't have a problem with State laws that require clear representations of what is being offerred. Do you?


      -Jordan Henderson

    14. Re:Is this right? by Gen-GNU · · Score: 1
      And the clear intent of the agreement was that you have MSN service for three years...

      Actually, this is not true. The California an Oregon versions of the contract specifically had all references to time removed. It simply stated that if you signed up for MSN, you get the $400. Period. This means that the contract signed by persons in that state, (which is probably the only version of that contract they ever read), did NOT imply a 3-year commitment.

      If your argument is that the people went into the contract with no intent to use MSN, or even to keep it at all, this is also completely justified. By the wording of the contract, this is a completely acceptable thing to do.

      Now I know what you are saying...'Yes it is LEGAL, but that still doesn't make it RIGHT'. Well, in that case I've got some bad news for you. For the past several decades, it seems that the only way anyone in this country can prove that they are RIGHT is in a court of law. (That may be a sad commentary on our society in general, but it also happens to be true.) And since what these people are doing would stand up in court, that makes it right, by every yardstick that counts anymore. (If you don't like that, then work to change it. Society would probably be better off because of the change.)

    15. Re:Is this right? by dillon_rinker · · Score: 2

      As much as I dislike Microsoft, is it really right to take their money in this fashion?
      Yes.

      I mean, it's kind of like stealing candy from a baby.
      ROTFL! This is the company who, when prosecuted by DOJ, lobbied to reduce DOJ's funding. This is the company that will sue you for piracy if you sell their OEM mouse separate from a PC. This is the company who wants to control the market for PC software. They're more like a 400 pound gorilla than a baby.

      And the clear intent of the agreement was that you have MSN service for three years -- some lawyer at MSN's corporate offices made a mistake -- which was compounded by some flunky believing in the good will of the citizens of California.
      I think you're right. The only time I have a problem with one party to a contract using their knowledge of the law to outwit the other party to the contract is when the outwitted party has vastly fewer legal resources than the outwitting party. In this case it's exactly the opposite. MS's legal team is bigger than China. They wrote a flawed contract, and they had every opportunity to recognize the flaw before the fact. In essence, they wrote a contract, and the essential parts were unenforceable, and they should have known better.

      And everyone took advantage of their vulnerability and kicked them while they were down.
      I will reiterate that I don't believe that there is anything wrong with letting Microsoft give you money. I don't think it's comparable to assault. But look at the larger picture. MS is fighting HARD to kill free software. If someone really wants to kill you, do you give them a fair fight? Or do you knock them down with a 2x4 and kick them in the ribs until they stop breathing?

      Granted, Microsoft is not exactly the nicest company on the planet.
      And absolute zero is not exactly warm...

      But should we really stoop to their level?
      Yeah, you're right. We shouldn't force Microsoft to obey the law. We should let them enforce illegal clauses in their contracts. We shouldn't ask for our money back when they try to cheat us.




    16. Re:Is this right? by bmetzler · · Score: 2
      So what you're saying is that people are too stupid to be able to make decisions for themselves. In fact, we're the ones that should be making the decisions for them? Can we say 'Big Brother' here?

      As a matter of fact, consumers *are* often not knowledgable enough to make decisions for themselves. That's why organizations like the FDA and BBB were created. To make sure that the beef you bought wasn't picked up off the floor, and the business you buy from is legitimate.

      Everyone has something they need to depend on others for. When I buy a house, I depend on someone else to tell me whether the house is in good shape. When my car needs work, I depend on someone else to make sure that it is fixed properly. It has nothing to do with being stupid. It has everything to do with "experts". You can't be an expert in everything.

      The core issue as I see it is that consumer protection law was being used to in effect extort money from what was a completely legitimate business offer.

      Microsoft applied the wrong law and got the wrong response. No surprise there. Even when that means that we're abusing a law that was originally put in place for a noble reason? Even though in this case they were offering a completely legitimate deal to the consumer?

      Again, the law didn't apply to Microsoft's case. They made a legitimate mistake and consumers accepted the offer given them. You said yourself that it was "a completely legitimate deal" and Microsoft obviously felt so too. I am offered legitimate deals myself all the time, and I take advantage of them. Why should this be any different then a coupon you clip and take to the supermarket?

      Let's try to win this battle on our own merits, not by beating them at their own game.

      Unfortunately, sometimes merit doesn't win. In a completely perfect world, we wouldn't need to live behind locked doors. However, since there are people who would take advantage of people with unlocked doors, we are forced to play by a different set of rules.

      In Microsoft's case, we know that they'll take advantage of anyone they can. Sure, we might not want to, but unless we are completely foolish we need to play by the same rules they do. If the neighbor locked their doors and ransacked your house, it wouldn't be long till you locked your doors too.

      Microsoft isn't going to give up first and will keep attacking as long as we will let them. Having a good defence is nice, but having an offense is even better.

      -Brent
    17. Re:Is this right? by llywrch · · Score: 2

      >As much as I dislike Microsoft, is it really right to take their money in this fashion?

      Well, let's look at this from an ethical point of view.

      Corporate ethics -- & this applies to any corporation, not just Microsoft or high-tech ones -- are simple: maximize shareholder value by any arguably legal means possible. And the ``arguably legal" is a point that I may be wrong about: after all, corporations have done cost-benefit studies to see if the cost of a repair or a modification is cheaper than liability lawsuits, then chose the solution based on the bottom line.

      In other words, Microsoft does not care if a product costs the consumer more: it only cares if the product makes Microsoft more money. Customer satisfaction, loyalty or even safety are a distant & subordinate second priority.

      And corporations will carefully read contracts & study agreements with each other in hope of exploiting ambiguities to their advantage.

      And if the corporate officers don't act this way? The price of the corporation's stock goes down, & the officers get to look for ``other opportunities" -- after all, CEOs, COOs, & others of that ilk never seem to get fired.

      Now if you talk about interpersonal ethics, then we worry about doing what is right or fair because this will effect how people treat us in the future. Generosity to others has the possibility of returning to us.

      Generosity to any corporation only adds to its bottom line & stock value -- & probably not to the well-being of even its employees.

      This was not theft: Microsoft did something stupid. And thousands of people took advantage of Microsoft's stupidity. Just as Microsoft would take advantage of another corporation's stupidity.


      Geoff

      --
      I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
    18. Re:Is this right? by jimhill · · Score: 1

      Well, let's see. Microsoft has taken enough money for 3 copies of Windows (one 3.1, one 95, and one 98) from me; that's around $300. By their own licensing terms I can't sell those 3 copies to anyone else; the third-party who was acting as Microsoft's strongarm agent refused to refund my money as per the wording of the agreement...

      I'd say that for anyone who was ever screwed by Microsoft taking their money was altogether right and proper. My only regret is that I don't live close enough to California to have joined in the screwing.

      --
      Learn to spell: nickel, missile, lose, solely, amendment, speech, kernel, probably, ridiculous, deity, hierarchy, versus
    19. Re:Is this right? by spectecjr · · Score: 2

      I said it yesterday and I will say it again today. Ask the windows refund people. They got the run around when it says plain and simple in the EULA to return the software and get a refund. They used the law to swindle out of paying back money when it clearly states you can get a refund. Now people found a way to "legaly" swindle them out of paying back a loan. I say tit for tat.

      This is a completely different situation and you know it - the EULA plainly states that you go back to the OEM for your refund - so what did they do? They went to Microsoft. They didn't buy the machine + software from Microsoft though, did they?

      That's like going to Dodge for a refund when the dealer puts options on your car that you didn't ask for and then tries to charge you for them.

      Simon

      --
      Coming soon - pyrogyra
    20. Re:Is this right? by Kris_J · · Score: 2
      Well congratulations folks - you've now managed to get the deal pulled
      Only while it's re-written and then it will go back to the standard I'll give you $X now if you give me $3X over 18 months. Should we argue about how moral those deals are?

      (As a side note, a cow-orker is trapped in a crappy phone deal not because he's signed something that will cost him hundreds of dollars to see out or hundreds of dollars to bail on, but because it will cost him thousands of dollars to re-do all the signs with his mobile number on it, plus his number is on every business card he's handed out. The financial side of the deal is just a misdirection, the contact details and disruption to your life if you change them is the real trap.)

    21. Re:Is this right? by Mark+Atwood · · Score: 1

      >after all, CEOs, COOs, & others of that ilk
      >never seem to get fired

      Not true. They get fired all the time. Thats part of why CEOs insist on golden parachute clauses, because if you think corps have no loyality to their Dilberts, they have even less to their executive management.

  9. Balancing the scales? by Sargent1 · · Score: 5

    The Silicon Valley News article touched on the debatable morality of taking advantage of a loophole like this. Personally, as much as Microsoft irritates me, and as much as I'd like to see Microsoft in a less dominant position in the marketplace, screwing them out of money this way ain't gonna make things right.

    Yeah, I know, the company's worth gazillions, they can afford this mistake, and it is their own mistake. But I don't see how exploiting this loophole does anything other than steal money from them. One of the things I like about the open-source movement and Linux as an alternative to Microsoft's products is that, in the open source world, things take place in the light of day. This, though -- this is the kind of act I'd be embarassed to tell people about.

    Imagine that, instead of a discount loophole, this was a security hole in an open-source program. Morally, I'd want to report it rather than exploit it.

    Sargent

    1. Re:Balancing the scales? by Ralph+Bearpark · · Score: 1
      But I don't see how exploiting this loophole does anything other than steal money from them.

      True, but probably irrelevant. If people were guanteed immunitity for jimmying a window at Gates Mansion, stepping through, opening the safe behind the protrait of Melinda, removing 400 bucks and leaving quietly the same way then there would almost certainly be a queue to do that too.

      Plain fact is: Gates ain't much loved by a lot of people.

      Regards, Ralph.

    2. Re:Balancing the scales? by Cetyle · · Score: 1

      Imagine that, instead of a discount loophole, this was a security hole in an open-source program. Morally, I'd want to report it rather than exploit it.
      It was reported, but then Microsoft saying "Ha! Well no one is going to cancel MSN" is the equivalent of saying "No one's going to exploit this security flaw so I'm not going to fix it" instead of fixing it, people will take advantage of it if they can. When they have finally done so, Microsoft is now forced to correct the loophole by first pulling the deal and then amending the agreement.

      It fits your model perfectly! :)

      jim

    3. Re:Balancing the scales? by Field+Marshall+Stack · · Score: 1
      Yeah, I know, the company's worth gazillions, they can afford this mistake, and it is their own mistake. But I don't see how exploiting this loophole does anything other than steal money from them.

      As several other people have pointed out earlier, it's not as if Microsoft didn't know that this was possible when they drafted the CA and OR contracts. This isn't some small loophole that they overlooked, this is Microsoft deliberately handing out money. They were betting that far fewer people would notice this than otherwise, and unfortunately they lost. I mean, say Bill Gates walks up to you and draws up a contract stating that he will give you one hundred thousand dollars if a coin flip comes up heads, would you refuse to accept the money if it did?
      --
      "HORSE."

      --
      "HORSE."
      -Flaming Carrot
    4. Re:Balancing the scales? by VWswing · · Score: 1

      In a more guerilla tactic, what if this had
      been the same law nation wide? Could you imagine,
      100 million people flocking to stores, looting
      microsoft of $40billion. They could afford it,
      but stockholders wouldn't be happy. They'd lose
      all trust & respect with their huge retail partners like best buy, office max, staples, circuit city, fryes, j&r, etc, etc.. Bringing them
      back down to human status..

      We don't want microsoft dead (really :), we need
      microsoft and their products as an example of what
      not to do. Microsoft is a prime example of how products shouldn't be.

      --
      "And how can this be? For he is the ..."
    5. Re:Balancing the scales? by TheCodeMaster · · Score: 1

      Considering that this is the company that has used it's enormous size to require most new pc buyers to get purchase their software whether they wanted to or not for years, a practice legally considered anti-competetive, there is absolutely nothing morally objectionable about those users taking advantage of the inability of such an elephantine organization to know what is going on among it's parts, and recoup a little money. I say, fuck them. They left themselves open to being fucked, and it's time they got fucked.

    6. Re:Balancing the scales? by TheCodeMaster · · Score: 1

      and cocksucker has one R

    7. Re:Balancing the scales? by dillon_rinker · · Score: 3

      the debatable morality of taking advantage of a loophole like this

      I question the debatable morality involved in advertising a computer for $399 when it actually costs $799. I question the morality of shrink-wrap licenses. I question the morality of lying, cheating, and stealing (harsh words, but I believe accurate) to make a profit. I question the morality of lobbying the government to cut the funding of the department that's trying to prosecute you. I don't think that MS has a leg to stand on if they complain about people taking advantage of them. (Aside - I'd love to know if the SV News article had its roots in Redmond.)

      Many would argue "Two wrongs don't make a right." This presupposes that forcing Microsoft to obey the law is wrong, which is a laughable proposition. Some might suggest that this is taking advantage of Microsoft's ignorance of California and Oregon law. Given the size of their legal department, and given the fact that they've lobbied nearly every state government to change laws to favor shrink-wrap licenses, I'd have to laugh at this suggestion, too.

      If someone was passing out $100 bills on the street, would it be taking advantage of them to accept the money? I don't see any difference.

    8. Re:Balancing the scales? by TheCodeMaster · · Score: 1

      I gleefully accept the kudos on my spelling experience. Cocksucker.

    9. Re:Balancing the scales? by mindstrm · · Score: 1

      Microsoft will exploit loopholes in their own favour whenever possible, so why shouldn't the consumer when the tables are turned?

    10. Re:Balancing the scales? by JackDeth · · Score: 1

      If someone was passing out $100 bills on the street, would it be taking advantage of them to accept the money? I don't see any difference.

      You don't, or don't want to? There's a big difference here. A better analogy would be if someone were passing out $100 bills if you agree to buy some $200 item. If you say "Sure, I'll go buy that", and then pocket the money, you are taking advantage of them, and that's wrong.

      I question the debatable morality involved in advertising a computer for $399 when it actually costs $799.

      I don't agree with this kind of marketing tactic either. I think it attempts to prey on people's inability to look at the total cost. I think it'd be more ethical to offer the PC + 3 years of MSN access for $1189.20 ($799 + $790.20 - $400) with options to pay the ISP portion in monthly installments, etc... Functionally the same thing, but the ad for the $399 PC looks better, and therefore works better.

    11. Re:Balancing the scales? by ColonelNorth · · Score: 1

      Morality is certainly not an issue. It's closer to finding a chink in the looming enemy's armor and exploiting it to win the good battle. Besides, lets look at some things that cost atleast $400 dollars which Microsoft has caused.

      1. Man hours installing Windows (initally)
      2. Man hours looking at Blue Screen (yearly)
      3. Man hours spent rebooting broken machine. (monthly)
      4. Defimation and Discredidation of another OS.
      5. Intrusive commercials on TV. Damn they are annoying.
      6. Bill's Haircut. (oops, wrong Bill.)
      7. The movie "Pirates of Sillicon Valley." Damn that was a bad flick.
      8. Rent for space taken up by my stack of unused MSN disks and CDs.
      9. Taking a good Rolling Stones song and linking it to them.
      10. Listening to the BS about the Antitrust crap in the news. Hey! Call me when Microsoft loses, but until then, shut up! Kinda reminds me of OJ.

      Taking from Microsoft is morally justified. If you don't agree, than you simply haven't experenced enough pain from Microsoft yet. Give it time, you will...
      Mike

    12. Re:Balancing the scales? by dillon_rinker · · Score: 2

      True, but probably irrelevant.
      It's not irrelevant to a discussion of morality. Stealing from Bill Gates' home is wrong. It is also illegal. Accepting a grant of immunity means that you understand this fact.

      I'm of the opinion that there's nothing wrong with understanding contract law, as long as the other party to the contract understands the law. MS has a corporate law team that's pretty big; i think it can be assumed that they should understand the law in the states where they do business. Ergo, it is NOT taking advantage of them.

    13. Re:Balancing the scales? by dillon_rinker · · Score: 3

      You don't, or don't want to?
      I don't see the difference. Did I stutter? :)

      There's a big difference here. A better analogy would be if someone were passing out $100 bills if you agree to buy some $200 item. If you say "Sure, I'll go buy that", and then pocket the money, you are taking advantage of them, and that's wrong.
      Well, sure. What you suggest is absolutely unethical. I'd agree my analogy left out most of the details; I merely meant to point out that legally speaking, MS was offering free money. Let me modify your analogy (fair, I think, since you modified mine :).

      You're a street vendor, selling $200 watches. You have twenty lawyers standing behind you. I walk up with my one lawyer. You make your offer. My lawyer leans over and tells me "The deal is bogus; just keep the money." So I take your money. You turn around and ask your lawyers "Can he do that?" and they say "Yes." I ask you, who was at a disadvantage for legal advice in this situation?

      I make it a point to keep my word. If I say I'll do it, I'll do it. When I sign a contract, I execute my half. I expect the other party to do the same. However, if they try to rip me off by putting some illegal clause in a contract (and I would consider ANY unenforceable clause to be illegal - why else would the government say it's unenforceable?), then all bets are off. What MS was doing in this case was IMNSHO deceptive, and was intended to take advantage of people. CA and OR clearly agree with this opinion; I don't know why else they'd outlaw this kind of agreement.

    14. Re:Balancing the scales? by barleyguy · · Score: 1

      One person's vileness is another person's humor. I thought that was the funniest damn comment I've read all day. But I guess you're entitled to your opinion, as well.

      --
      --- "So THAT's what an invisible barrier looks like!" - Time Bandits
    15. Re:Balancing the scales? by TheCodeMaster · · Score: 1

      now that's funny.

    16. Re:Balancing the scales? by dillon_rinker · · Score: 1

      This was funny...

    17. Re:Balancing the scales? by Kris_J · · Score: 2
      I'd want to report it rather than exploit it
      What, you can't do both?

      I've been reading through some of the borderline rants in the top few threads and I have to say that you're all confusing the Law, with Morality, with Justice. A friend of mine and I asked the following question a few months back; Is it morally wrong to deceive the stupid? We (eventually) came up with the answer of "No". Being screwed over is the penalty for being stupid - so long as it's done legally there's nothing morally wrong with it. It might even be justice. Microsoft rolled their dice and came out stupid. The got screwed over. They learnt a little, next time they might not be so stupid. Being taken advantage of not the only way to learn, but it is a way.

    18. Re:Balancing the scales? by Nathaniel · · Score: 1
      Could you imagine, 100 million people flocking to stores, looting microsoft of $40billion.

      No, I can't imagine every third of forth person pulling this off before MS realized the problem. That would require so many people working together so quickly, without a timely response from MS that the suggestion just boggles the mind.

      We don't want microsoft dead.... Microsoft is a prime example of how products shouldn't be.

      No we don't. We've got Linux One for that. ;-}

    19. Re:Balancing the scales? by JackDeth · · Score: 1

      Okay. Now I don't see the difference between my analogy and yours, except for the fact that you're being manipulated by a lawyer... So I'm guessing you agree, but are still trying to justify it...

      Just because something is legal doesn't make it right. (I tend to think the converse is true as well)

      Don't get me wrong here, I agree that Microsoft (and Compuserve, and anyone else with this sort of "deal") is being deceptive and trying to take advantage of people; and I'm glad they had to pull the deal from two states at least. However, two wrongs don't make a right (that was what I was trying to point out).

    20. Re:Balancing the scales? by JackDeth · · Score: 1

      No, that wasn't part of the agreement. The difference was that in most states it was explicitly stated that you could not return the "product" without penalty. In this case that was not explicitly stated.

      In other words, it didn't say that you had the option to return the product, it neglected to say that you could not.

    21. Re:Balancing the scales? by Machina · · Score: 1

      Normally I'd agree with this view, except for the fact that Microsoft was AWARE of the loophole. They took the chance, so sure of themselves that it wouldn't be used in such a matter(I won't say it was abuse, because it obviously wasn't). If that's how they want to operate, then there isn't ANY reason that consumers in OR and CA shouldn't take advantage of it.

      If in fact, it was a loophole they weren't aware of, then yes, I would agree with you. It should of been reported.

      In response to someone else's comment about how it hurts the people who invested in the company. Their "economic safety" within the company is not the public's concern or responsibility. When you invest with a company, you invest in their product, in belief they will make the best choices in securing a market and profit.

      Machina

      Never turn down a free lunch!

  10. You may pick up your refund check.... by ch-chuck · · Score: 3

    at any location authorised to refund unused bundled new PC software OS & Application license fees per the EULA.

    Boojum

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:You may pick up your refund check.... by JamesKPolk · · Score: 2

      Maybe Microsoft can talk the judge into ordering it this way...

      Gee, you may save MS a million dollars!

  11. Re:Monopoly power by Money__ · · Score: 2
    As worded in the famous finding of fact writen by judge Jckson, "Microsoft enjoys monopoly power". Once a company is deemed to have monopoly power over it's relivant market, the rules change to help the market open to compitition.

    The key differance between the OS market and the cell phone market, is that nobody has the cell phone market locked up tight.
    _________________________

  12. What would you do? by EricWright · · Score: 2

    If Bill Gates was walking down the street handing out $400 bills (ok, 4 $100 bills), would you let him pass on by, or would you stick your hand out with the rest of us. I know what I'd do! and it ain't the moral high ground... ;)

    On a more on-topic note: it seems as though this whole thing got started when Microsoft "assumed" it understood the law in question. I'm sure they have enough high-paid lawyers in their organization that they could have checked it out ahead of time. They didn't. They assumed, and we all know what that means...

    Eric

    1. Re:What would you do? by Amphigory · · Score: 2
      But Bill Gates wasn't walking down the street passing out $400. There was a clear quid pro quo implied -- even if it wasn't in the contract.

      And I would not have taken advantage of it. I happen to believe that taking advantage of this would be fraudulent at best. Since when did all of America turn into a bunch of latrine lawyers?

      --
      -- Slashdot sucks.
    2. Re:What would you do? by EricWright · · Score: 2

      Yah, and time and again, courts have ruled that implicit agreements don't have the same importance as explicity one's. Blah Blah...

      Calling 'taking advantage of the "offer"' fraudulent makes it sound illegal. It's not. It's exploiting a loophole in an agreement. Note, that in my original post, I stated that accepting the "offer" clearly isn't taking the moral high ground...

      As to taking candy from a baby... try taking candy from a RICH baby, who routinely exploits computer users with their EULA-babble and who has ample legal resources at hand but didn't bother utilizing them.

      And no, I'm not trying to be a lawyer... I'm merely using what usually passes for common sense.

      Eric

    3. Re:What would you do? by Gid1 · · Score: 1

      Yah, and time and again, courts have ruled that implicit agreements don't have the same importance as explicity one's. Blah Blah...

      ... often in Microsoft's favor. How many times has Microsoft used the small print to screw their collaborators? I think it was someone at 3Com who heard something to the effect of "You were wrong to trust us" from a Microsoft employee.

      Okay, maybe people shouldn't stoop to their level, but if a company (any company) is stupid enough to allow such a big loophole through, they deserve all they get.

    4. Re:What would you do? by Anonymous Coward · · Score: 1
      Yah, and time and again, courts have ruled that implicit agreements don't have the same importance as explicity one's.
      The Grammar Police wish to notify you of violating the Law of the Plurals. One does not form one's plurals by the addition of an apostrophe and an s, but rather one's possessives or contractions. I think you'll find that one's got enough problems of one's own not to be compounding them with improper plurals. The plural of four is fours; the plural of ten is tens; and the plural of one is simply ones.

      Then there's the strange issue of explicity. Looks like I'm going to have to write you two tickets today, mister. This is your punishment from cutting English class for 15 years in a row.

    5. Re:What would you do? by knick · · Score: 1

      From what I've read, the contract clearle stated that Cali and Or residents could cancel without repayment. This wasn't a 'loophole', this was a clearly stated, written out, clause.

      You can only blame MS for thinking that people would want to stay with MSN. Let's face it people. $400 is $400, and only a fool would give pass up on a chance for $400 for free.

    6. Re:What would you do? by Jburkholder · · Score: 2

      I respectfully disagree. Just because they do it to others and they left themselves open should not be a good enough excuse, IMO.

      Yeah, they are jerks. Yeah, they abuse contracts to their advantage when it suits 'em. Yeah, its funny as hell that they got caught with their pants down and thousands tried to take advantage.

      I'm not saying those that did go for this were wrong, or unethical, I'm just saying that I wouldn't have, only because I want to continue to think that somehow I belong to a community that is above the dirty tricks that we acuse Microsoft of. (Boy, that was badly worded, but I don't hae the energy to fix it this morning!)

      Put it another way:

      Microsoft is stupid and not well-liked, they left themselves open to being taken advantage of by consumers who obviously have little or no respect for them. Microsoft pulls this while they continue the facade that this was intended to 'help people get affordably connected to the internet' and 'only a few people were trying to abuse the offer' while their apparent intent was to buy MSN subscribers and it blew up in their face.

      Good enough for me. That's worth more than $400 dollars to me to have the smug satisfaction that they are slime and I wouldn't give them the satisfaction of even giving them my name and address and CC number in excahange for $400 regardless if I would get it back by exploiting a loophole in their own dumb agreement.

      ------------------------------------------
      My, we like ourselves quite a lot, don't we. Just have to say a little prayer against you...
      And then a little superior dance...
      Who could have written that little agreement, Billy... hmmmm?? Could it have been...

      SATAN??!!

      Mwahahahah!



    7. Re:What would you do? by EricWright · · Score: 1

      Wow! and I usually check myself at least once... I plead prayer for judgement continued. Just don't ticket me for excessive use of ellipses... ;)

      Eric, who lives and dies by ...

    8. Re:What would you do? by ComaCreator · · Score: 1

      Just because a company has the resources to defend itself doesn't mean that it makes us right in exploiting them at every possible turn. We talk all the time about how just legal treatment shouldn't be about money. Why should this standard be applied any differently when we are talking about the institutions which have the money rather than the people lacking it.

      We can hardly moan that the little guy never gets any justice due to a lack of resources when we at the same time say that MS should be forced to spend infinite amounts of money to ensure that every offer they make to consumers is absolutely airtight. By taking advantage of MS, we are encouraging the very behavior which deplore in others....as long as those others happen to be the government or big business.

    9. Re:What would you do? by SEWilco · · Score: 1
      You forgot to capitalize "And I usually...".

      Not that I'm sure what "plead prayer for judgement" is, although I understand the meaning.

    10. Re:What would you do? by Amphigory · · Score: 2

      What does legal and illegal have to do with right and wrong? You seem to assume that the two are equivalent, whereas I assume that the two are not.

      --
      -- Slashdot sucks.
  13. Morality or not.... by karnal · · Score: 1

    Obviously, more people than myself would take Microsoft up on their "offer"; If I had lived in CA or OR, I definitely would have made it to my local Best Buy. People can spout morality of it all to the ends of the earth, but I would bet that 1/2 to 3/4 of the world's population just wouldn't care....

    gimme gimme gimme!

    --
    Karnal
  14. Once again, it's lawyerly incompetence by MattMann · · Score: 1
    Microsoft misunderstood and thought they were required to do this by law? Shouldn't that be, Microsoft's lawyer's misunderstood... and probably because a poorly worded law, written by other lawyers, was ambiguous. And out of that pool of lawyers come politicians who select, from that pool of lawyers, judges and patent clerks...

    I don't want to engage in totally mindless lawyer bashing. We need a legal system, ours is pretty good, but it is also important to remind us and them from time to time that lawyers are fallible people and they should keep that in the front of their minds when they do stuff like crush eToy.

    In this case, for a change, a rapacious and immoral monopolist accidently gave back a crumb of the wedding cake it has stolen over the past decade and a half. Best cake I've had in a while!

    1. Re:Once again, it's lawyerly incompetence by great+om · · Score: 1

      actually, it wasn't legal incompetance. The deal's fine print clearly (well, clearly in legalese) stated that CA and Oregon residents were not required to comit to the deal --indeed it says they are not required to pay back the $400. It seems to me more either an acounting screw-up (to get the losses incurred noted in accounts as a loan --therefore equaling capital, rather than an expediture) or a marketing mistake.

      --
      ------- Oh damn.... the Sigfile escaped... -Great OM
  15. a mass hack? a mass crack? by DonFreenut · · Score: 1


    You could probably consider "half the state flocking to Best Buy to get their free toys" a mass hack - a bunch of people exploit a rebate loophole defraud Microsoft of $400 each.

    Has anyone looked around on the 'net for a Perl script that will get the rebate automatically? Some Oregon skr1pt k1dd13s can't figure how to do it manually.

  16. Re:Monopoly power by Carnage4Life · · Score: 2

    This has nothing to do with Microsoft being a monopoly.

    Please reread the article.

  17. Re:Hear is spelled with an "a" by Psiren · · Score: 2

    It falls on deaf ears. Half the people submitting badly spelled comments is bad enough, but the terrible grammar and spelling on the main page really makes the site look bad. Still, since most people seem to ignore it, either they're too stupid to notice, or are just less fussy than me... ;)

    "Some smegger's filled in this 'Have You Got A Good Memory?' quiz!"

  18. i think it's great by g0deatr · · Score: 1

    everybody hates those "free stuff for internet contract" deals anyway. maybe this will help people and businesses realize they are trash.

  19. You what? by viper21 · · Score: 1

    Cmdr Taco. I doubt you did there, because you're in Michigan... *grammar check* complete ;-)

    For those of you who missed it

    "I did here"

    -S
    Scott Ruttencutter

  20. Cancellation Legal??? by Robert+Wilde · · Score: 3

    Best Buy and the others have advertisements in displaying this deal all over California. There are laws that specifically forbid companies from advertising products or services that they don't have in stock.

    I don't see how Best Buy can not honor your request for the $400 rebate if you show up between now and whatever date is printed on one of their newspaper advertisements. Taking advantage of the MS loophole may be unethical, but a retailer not honoring an advertisement is akin to breaking a contract and well established legal terrain.

    1. Re:Cancellation Legal??? by ctlcatfish · · Score: 1

      This is easy "sorry sir we are currently out of the rebate forms, we should have more in appx one week if you would like to stop back." And this is legal

    2. Re:Cancellation Legal??? by jesser · · Score: 1
      I remember seeing something to the effect of "MSN may retract this offer at any time" on the MSN "loan" form. I wonder if this means I can return that computer I bought last night? (if it matters, I did sign up for MSN last night also)

      --

      --
      The shareholder is always right.
  21. Re: "stooping to their level" by TheDullBlade · · Score: 3

    Of all the ideals of our modern culture, I think these are the dumbest:
    "don't stoop to their level"
    "if you respond in kind, you're no better than them"
    "even if you know, from the evidence of your own senses, that someone is guilty of a crime, and you are in a bad situation far from your society's enforced law and order, they must be given a 'fair trial' by some authority who doesn't have first-hand knowledge"
    etc.

    What these have in common is that they seem to be about justice, but they're really about reserving the right to punish wrongdoers exclusively for the state. Direct action is no less moral, it just takes back power for the individual.

    If someone legally, through consentual agreements, yet still against your will (for example, you neither wanted nor had any use for Windows or MS-DOS, but it's cost was unavoidably included in a computer you bought), takes your money, then you shouldn't feel bad about doing the same back to them.

    It is just the same as if someone steals your car, and there are no police around to take it back (or car theft isn't illegal...); you would be fully morally justified in sneaking up and taking the car back, or in stealing other goods of equal value, or, for that matter, in beating the hell out of the prick and taking your car, and maybe whatever else he's got lying around, with a warning that next time you'll kill him (punishment has to be greater than the profit from the crime to be an effective deterrent).

    However, going out and stealing someone else's car would really be stooping to their level...

    --
    /.
  22. Wait a mo... by Geek+Tragedy · · Score: 1

    Hey, this will sound totally crazy :) but what if it ***wasn't a mistake***... As in, people (wider community) get to vent some steam towards MS, community opinion changes somewhat... There's a thought. Or is MS not that smart. Yeh, probabley latter. Hmm, on second thoughts, maybe it is just crazy...

  23. Dow Jones says it's true by Anonymous Coward · · Score: 1
    Microsoft Reportedly Cancels $400 Merchandise Rebate Tied To Web Access

    Dow Jones Online News, Friday, January 07, 2000 at 09:33

    LOS ANGELES -(Dow Jones)- Software giant Microsoft Corp. reportedly has canceled an Internet-access rebate that allowed hundreds of people to sign up for its online service, spend the $400 rebate on electronic equipment and then cancel the Internet service the next day.

    "Unfortunately, a few people are abusing a program designed to help people access the Internet," company spokesman Tom Pilla said in Friday's Los Angeles Times, confirming that the Redmond, Wash.-based company had canceled the program in California effective Friday, according to the Associated Press.

    People lined up for as long as four hours Thursday at some Southern California stores to order Microsoft-provided Internet service and use their rebates to purchase merchandise. Many said they planned to cancel the service the next day.

    The rebate agreement was supposed to commit consumers to paying for several years of Internet service, but those who have signed up for the rebate in California and Oregon apparently can cancel Microsoft Network access immediately without penalty, the L.A. Times reported.

    In California and Oregon, Microsoft had to change the terms of its rebate because of the way it interpreted an obscure law regulating consumer lenders, the L.A. Times said. In those states, a consumer could walk in, spend $8 on $408 worth of electronics, agree to the Internet deal and cancel the next day without having to return the rebate money.

    Microsoft offered the rebate all over the country with the condition in most states that people must return the $400 rebate if they cancel the Internet service early. But the company said loopholes in state laws prevented them from putting that provision into effect in California and Oregon.

    Oh well. It's a gutless promotion that preys on bottom-feeders anyway. What ever happened to value?

    "But, Lord Bill, you said release Microsoft's wallet!" "You Fool! I said Microsoft Wallet!"

  24. Remember that Hitachi monitor at BUY.COM? by Leigh13 · · Score: 5

    I'm sure plenty of /. readers remember the Hitachi Superscan monitor fiasco at buy.com. A weekend error on the retailer's web site listed a near-$600 19" monitor for something like $154.

    Hundreds of excited shoppers and capitalists flooded buy.com with orders in an attempt to cash in on the store's mistake. A few days went by and the price was fixed, but the damage had already been done to the tune of several thousand orders.

    After much confusion, buy.com announced they would fulfill the orders for the 150-some monitors they had in stock, and cancel the rest. Message boards, newsgroups, and web sites all over lit up with complaints about being "ripped off" or being caught as the victim of a bait and switch. More honest and understanding consumers (like me, of course) realized that we would be lucky to get such a great bargain, but if it fell through, we had no right to complain.

    I personally placed an order for a monitor, but when I finally got a cancellation notice two weeks later, I shook it off and went on with my life. What about the people who ordered a dozen monitors and set up auctions on eBay before they even had them in their possession? Those were the guys screaming class action suit, crying that they got ripped off, and demanding justice at the hands (and pocketbook) of buy.com.

    Well folks, no one got ripped off in that case. I admit in trying to get a bargain because of the error of someone else. When it fell through, I moved on with my life and kept my eyes peeled for the next poor fool to accidentally list something at one-fourth of the expected price. Best Buy and their phantom $400 rebate from Microsoft--it's the same situation.

    A few lucky people took advantage early and walked out with DVD players and stereos for $400 cheaper then they should have. And thousands more were turned away before they could take advantage of a slip-up by the legal department at MS. Yeah, it would have been nice to get away with a nice bonus, however morally questionable--but when you get headed off before you can take advantage, there is no right to complain.

    Microsoft and Best Buy responded in the only way we could really expect them to. If you didn't get your free money, let it go and move on. Given the continuing trend for slashed prices and instant rebates, we can expect something like this to happen again soon enough. Just be sure to take the deal before the unfortunate victim catches on!

    --

    What I should have said was nothing.
    1. Re:Remember that Hitachi monitor at BUY.COM? by jesser · · Score: 1
      Yeah, it would have been nice to get away with a nice bonus, however morally questionable--but when you get headed off before you can take advantage, there is no right to complain.

      But what about people who (like me) purchased a computer at Office Depot last night, signed up for MSN last night, and read the paper/slashdot this morning to find out we probably wouldn't get the $400 rebate. If MSN charges me for 3 years or even 1 month, that's bait and switch. I wonder if I should return the computer, too...

      --

      --
      The shareholder is always right.
  25. They took their chance, and they lost. by delevant · · Score: 3
    Well, one way to look at it (as mentioned by another poster in this thread, above) would be to say that "It is my fiduciary duty to my shareholders to take advantage of this financial windfall". See, if you treat yourself like a corporate entity, these things are easier to justify.

    Perhaps the most persuasive argument (to me) however, is this:

    1. Microsoft has zillions of lawyers and accountants.
    2. Microsoft has zillions of executives.
    3. The lawyers, accountants, and executives all decided that this scam of theirs was a good idea.
    4. They collectively decided that this was a gamble worth taking, and they went for it.
    5. As so often happens in gambling, the other side (us citizens) won.
    Microsoft took a shot, and they lost. Big deal. I feel no guilt in taking the money of someone that bet, and lost -- especially if they can afford it.

    In fact, I feel pretty good about it . . .

    --
    I have no .sig, and I must scream.
    1. Re:They took their chance, and they lost. by Amphigory · · Score: 2
      Yeah! That will teach them to bank on the good will, common sense, and moral character of the american people! They took a chance that people would prefer not to take money that they hadn't earned and didn't deserve froma company, however despised, and they lost.

      Human nature and moral are not the same thing.

      --
      -- Slashdot sucks.
    2. Re:They took their chance, and they lost. by ahaning · · Score: 1

      This is offtopic...i know.

      About your #5, with gambling, the one who wins in the end is almost ALWAYS the one who set it up. For example - slot machines - someone sets it up for others to come and gamble money on. Some gamblers win, some lose, but the owner of the machine usually comes out with more money than they had before. If you consider this move by Microsoft a gamble, then this is an example of the other side (not the gambler) winning. Although, I doubt they will feel this loss all that much.

      On another rather unrelated note. What's kind of humorous about this is that the Gates character on The Simpsons said that he didn't become a rich man by writing people lots of big checks (wasn't that it?). And this is what was happening. Another thing that comes to mind is when one of the big oil/railroad tycoons (is that the right word? i dunno) received a letter from some guy saying that he should distribute his money to everyone in the world since he had too much. The guy received a check for a few cents later. The rich guy had calculated how much everyone would get and it came out to some ridiculously small amount.

      --
      Withdrawal before climax is very ineffective and those who try this are usually called "parents."
  26. This discusssion sickens me. by Benjamin+Shniper · · Score: 5

    Let's face it; if Red Hat or Corel or Caldera offered a service deal in a loan, as Microsoft did it's MSN deal, then suddenly morality changes?

    Well it doesn't. There is NO MORAL DIFFERENCE between murderring a bad man and murderring a good one. And there is no moral difference between legalized theft from a good company or a bad one.

    Just because the law can't punish you doesn't mean it's somehow a correct action! If you were *allowed* to shoot Bill Gates, would you? If your answer is "no, I wouldn't do that" then consider how much it really matterred to you whether you were allowed to do something by the government!

    -Ben

    1. Re:This discusssion sickens me. by jslag · · Score: 1

      There is NO MORAL DIFFERENCE between murderring a bad man and murderring a good one.

      Sure there is. A world with one less bad man is a better world; a world with one less good man is a worse world. Making the world a better place is a moral good; making the world a worse place is a moral bad.

      That's not to say that the moral goodness involved in removing a bad man from the world is enough to counteract the moral badness involved in murdering someone, of course. But "NO MORAL DIFFERENCE" is a bit of an overstatement.

    2. Re:This discusssion sickens me. by mcmonkey · · Score: 2

      "There is NO MORAL DIFFERENCE between murderring a bad man and murderring a good one."

      That may be true, but that has nothing to do with this story. I agree, just because something is legal does not make it right. But I also know, just because a deal seems to favor one party more than the other does not make it wrong.

      It is MS's job to decide how it values its products and services. It is my job as a consumer to decide the value to me of those products and services. In this case, MS thought getting someone signed up for MSN was worth $400 in rebates. Some consumers thought signing up for MSN was worth $400 in rebates. Not only is this not unethical, such behavior is VERY ethical.

      For example, a friend of mine took advantage of a similar deal with MSN. (This is a real friend, not a friend-of-a-friend, or I heard about this guy who...) He buys an e-machine for $399 and at that time signs up for a 3-year term with MSN for a $400 rebate. So basically for the out-of-pocket expense of sales tax, he gets a decent computer for web surfing complete with speakers, printer, scanner, etc.

      The next day, he can't log in to MSN. He calls MSN tech support. They have no record of his account. He says, 'thank you,' and hangs up. He is never billed for the MSN service. My friend went into this deal with the honest intention of receiving and paying for 3-years of MSN service. I haven't read his service agreement, but we can presume the terms include a penalty clause in the event he cancels the service before the 3-years are up. My friend does not live in CA or OR.

      However, we can also presume the agreement also contains a clause specifying MS can change the terms of deals. (For example, I cannot decide to stop paying my credit card bills, but the company can change the interest rate I am charged at any time as long as they give me proper notice. If MS bought out AOL and decided to provide AOL service in place of MSN, I suspect that change would be allowed under the terms of the agreement.) It seems in this case MS changed the terms of the deal. Since the change works to the advantage of my friend, he agreed to the new terms. My friend did not murder any man, good or otherwise. He entered into a deal in which both sides had fair notice of the terms.

      Kozmo.com is another example. Kozmo.com delivers movie and video game rentals in my area. They charge less than Blockbuster and provide delivery in less than 1 hour. How can they charge less and deliver the goods and make a profit? I have no idea. And since I usually only order 1 rental at a time, and there is no delivery charge, I suspect they lose money every time I use their service. Am I now guilty of murderring? [sic]

      No. I am guilty of nothing. Maybe delivery is cheap because they use homeless people with rickshaws. Maybe the whole operation is a mob front and designed to lose money as a way of laundering money. I don't know, and I don't care. I know the use of a video game for 4 days is worth $3.79 to me, and that is the price I pay.

      Another example--I bought a car. I borrowed the money to pay for that car. I agreed to pay back that money over the course of 5 years and to pay interest for that time. I ended up paying off loan in about 3 years. The company that provided the loan received less money from me than they could have. The contact included a provision for paying off the loan early. If they didn't want to take the chance of me paying less interest by paying off the loan early, then they should not have agreed to the contract. If MS did not want to take the chance people would cancel the MSN service after receiving the $400 rebate, then they should not of agreed to the contract.

      "Let's face it; if Red Hat or Corel or Caldera offered a service deal in a loan, as Microsoft did it's MSN deal, then suddenly morality changes? "

      Now you're just spouting gibberish. The morality of this type of deal does not change depending on the company involved. Now I personally did not take advantage of deal in discussion here, nor do I personally know anyone who did. (My friend is in NJ, not CA or OR, and did not cancel MSN.) But from what I gather, the case in which someone signs up for MSN, gets the $400 rebate, and then cancels the service the next day is provided for in the terms of the agreement and in the law covering this type of contract. If MS can not abide by those terms it should not offer such a deal.

      At the same I as a consumer, if I feel the terms are not in my favor, should not agree to such a deal. Come on guy, how many people are going to be using a 56K dial-up in 3 years? And those that do, is it going to cost the same as it does today? The only way I'd ever agree to this kind of deal with that long of a term is if I could cancel at any time without penalty.

      To completely digress for a moment and end on an off topic note, how did by Benjamin's unrelated comments score a 3? The moral difference between murderring[sic] a bad man and murderring[sic] a good one, while an interesting topic for discussion, has nothing to do with this story. MS agreed to a deal. Thought that deal worked in its favor. Later realized it was not such a good deal. Consumers agreed to a deal. Thought that deal worked in their favor. Seems they were right.

      Sean.

    3. Re:This discusssion sickens me. by YAH00 · · Score: 1

      "If you were allowed to shoot Bill Gates, would you?"

      Don't go around asking that question in High Schools. These are bad times to be asking questions like that ;).

    4. Re:This discusssion sickens me. by TheCodeMaster · · Score: 1

      actually, taxes aren't legal theft. they're taxes. you not agreeing with the need for having them or the amount paid has nothing to do with the status of taxes as theft. Crime is crime because it is against the law, not because it offends anyone.

    5. Re:This discusssion sickens me. by Dave+Walker · · Score: 1

      actually, taxes aren't legal theft. they're taxes.

      I get to take home about 65% of what I "earn" by working 40 hours a week.

      I wish I had a dollar for every time I've been behind someone in the checkout line who paid for their Oreo's and 'Death by Chocolate" ice cream with food stamps.

      I wish I had $100 for every time I've been behind someone in the 'express' checkout line who had 50 or 60 items in their cart and paid for their Oreo's and 'Death by Chocolate" ice cream.

      Bump that $100 to $1000 if the 'patron' is grossly overweight, and I could buy myself a pretty nice house!

      Current_US_tax_system = legal_theft

  27. Re:Grammer Police.... by TheCodeMaster · · Score: 1

    1) Grammar 2) Spelling is not grammar, whatever anal retentive school marms will tell you.

  28. Microsoft Translator by BadBlood · · Score: 1

    I love how when the story broke, Microsoft officials claimed they weren't worried since they've had so few people cancel their ISP service. Talk about clueless.

    Microsoft Translation: "I have no idea what you're talking about. You are quoting legal mumbo-jumbo to me and all I hear is cracks and buzzes. Our legal team is working on something else right now, so rather than issue an inteligent comment, I'll just spout off some company rhetoric and everything will be peachy just like it always is."

    --


    Praying for the end of your wide-awake nightmare.
  29. The stores were empty. by Anonymous Coward · · Score: 1

    I went to the California San Carlos store. The line was about 5 hours long. There were no more DVD players, Dreamcasts, Speaker systems, Bookshelf system, portable CD players, and anything with the word Sony on it over $200.00. It was really funny. I have never seen anything like it before, the store was almost empty. The scam was that they only had one register open. But one of the sales associates wised up and selling the extended rebate to the people in line. But hey most people went to the Best Buy, got their stuff, while on the phone cancelling their account, went across the parking lot over to Office depot and got more stuff. The line was only a couple minutes long there it would have been shorter if the guy would have learned to type.

  30. But then the natural question is . . . by delevant · · Score: 1
    . . . why are you still here, and why should anybody care what you think?

    Ohhh, how foolish of me, I forgot -- you don't actually want to make constructive criticism, you'd rather rant and throw your little toys around.

    Here's a tip that you clearly need:

    Take a deep breath, and count to ten before you say anything.
    The next time you feel like ranting, follow the advice above, and then try to come up with something constructive you could do to help the situation!

    After all, simply screaming about a "morass of half-assed-ness" doesn't really do anybody any good, and it makes you look about as appealing as the gum I just scraped off my shoe.

    --
    I have no .sig, and I must scream.
  31. Proving the rule... by chrisvr · · Score: 2

    "Grammer Police..."

    tsk, tsk, tsk...

    It's an inescapable rule that those who complain about others' mistakes make one themselves in correcting them.

    Now someone gets to find mine...

    Chris

    1. Re:Proving the rule... by Kris_J · · Score: 1
      Well, you didn't make one, which in turn breaks your inescapable rule, which means that's your mistake, which means you didn't escape, which means you didn't make a mistake, which means you did break your rule, which means...

      ~~{ Bamf! }~~

  32. Re: Get a pack from Nevada or Washington by Hermelin · · Score: 1

    If you are willing to drive there and back for $400 dollars, that is.

    Then they are obligated to, unless the form is have the Nevada legalese only.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it" - F. Voltaire.
  33. Re:Grammer Police.... by Chip+Stillmore · · Score: 1

    Grammer, eh?

    heh heh ... Sorry buddy, but even though you most likely didn't mean to, you gave me something to laugh at. Thanks.

    For what it's worth, I believe CmdrTaco would do well to be a little more careful in the future, when it comes to adding comments. I realize that we all should be careful too ... I am not saying that us "readers" are perfect, but there should be a higher expectation and/or standard placed on the people that actually run the site. After all, it speaks volumes for not only them personally, but for the professionalism of the site as well.

  34. moral for the state means moral for the individual by TheDullBlade · · Score: 3

    "There is NO MORAL DIFFERENCE between murderring a bad man and murderring a good one."

    What if he is executed? Do you really think it's moral for the state and not for the individual? Of course not, trials and government authority and other formalities have nothing to do with morality, they are just a practical system for everyone to agree on one course of action (and hopefully the moral one).

    Since you seem to be using it as a narrow example to illustrate a broad point, I'll assume you mean that for every crime, not just murder.

    How about imprisoning an evil man? Taking back stolen goods?

    It is not immoral to punish the guilty. However, this is not about that.

    If I could legally take any amount of money (from a dollar to a billion dollars) from Bill Gates I would. Did he earn the money? Of course not, no single individual can earn such a vast fortune, and it's debatable whether he's ever done a useful and productive thing for society (as opposed to hurting society for his own profit) in his work at Microsoft. His only claim to it over mine (or anyone else's claim) is legal; he has no moral claim to this unearned fortune. Therefor, taking his money would be, at worst, a morally neutral act. Morally neutral and personally beneficial, hmm... I wouldn't have to think about it for very long.

    I wouldn't shoot Bill Gates, much as I dislike him. It's not like he's a real dictator who orders his enemies tortured and murdered. It would be morally wrong to shoot him for no reason.

    --
    /.
  35. Re:Hear is spelled with an "a" by Troll_Hunter · · Score: 1
    These problems come from our educational system in the USA. I spent one year in an English school (Perse school for boys in Cambridge). 3 years later, I saw the same math taught again sophmore year at MIT.

    Literature and the arts were never presented at the same level, or were not presented at all. Hell, the school orchestra was playing Wagner or something, whereas my high school band though "When the saints come marching in" was the ultimate in difficulty.

    I think several factors contribute to the superiority of the school I was in.

    First, Discipline. People who cut up were sent to the Headmaster, a tough old bird who was able to inspire terror by looking at you. People who cut up twice had their ass beaten with a cricket bat. Harsh? I guess, but the example made of a few meant that class was a place to study, not be disruptive.

    Second, the material was tough, and you had to pay close attention and work hard to keep up. The result was you did not get bored.

    Third, the teachers knew their material, and I did not see any teachers who were slack.

    Here in the US, we have teachers who get attacked by parents if the kid gets a bad grade, and a teachers union which makes it impossible to get rid of bad teachers. The result is predictable- let kids coast thru class, and do what they want. Who cares if they learn little or nothing.

    We all should, but we do not. The focus now seems to be on sports, not academics, with sports stars seen as heros.

  36. Listen up by #include · · Score: 1

    I'll you what... this isn't anything but the old bait - n - switch. That's right, ol Franky has seen it more than once... THIS IS THE FUCKING BAIT AND SWITCH. Those fucking bastards from Redmond think that they can just willey nilley make offers then rescind them.. WELL I'M NOT GONNA FUCKING STAND FOR IT.

    I'm gonna get on the blower and tell my fucking congressman about this happy horeshit. I'm gonna fire up the old email program and start a fucking grassroots groundswell effort to put an end to this atrocity. YOU CAN'T FUCK WITH FRANK RIZZO CAUSE I'LL TRACK YOU DOWN TO THE FUCKING END OF THE EARTH AND I'LL RIP YOUR FUCKING HEART OUT.

    --

    A genius writes code an idiot can understand, while an idiot writes code the compiler can't understand.
  37. I think the worst part... by Cygnus+v1 · · Score: 1

    ...is that the people that cancel the service and receive their rebates will probably not be allowed to join MSN in the future!

    They're really going to be hurting when Microsoft buys the Internet!

    Ironically, to many of the potential customers Microsoft was targeting with this promotion, Windows *is* the Internet.

    --
    ---- Politics: Kissing ass and pointing blames.
  38. cancel msn? by jesser · · Score: 1
    i hope they at least let us cancel msn without paying for the first month..

    anyone know what office depot, staples, and officemax are saying about returning purchased items? (from what i've read it sounds like best buy was an instant rebate, and the others were mailin. does that mean bestbuy got screwed?)

    --

    --
    The shareholder is always right.
    1. Re:cancel msn? by pulski · · Score: 1

      A friend of mine got a laptop at staples and got an instant rebate, but he had to sign up for the service while still at Staples.

      -----

    2. Re:cancel msn? by Cyberllama · · Score: 1

      I work at Best Buy. MSN reimburses Best Buy for every $400. They have to. If they tell us to stop, and we don't stop, then we eat the 400 dollars. But As it stands now, until MS rescinded the offer, they are the ones who have to pay it, not Best Buy.

  39. Re:Grammer Police.... by TheCodeMaster · · Score: 2

    you know, that comment doesn't really make sense. I mean, you're trying to say that I'm the one that sucks a fat pile of shit, but the sentence you employed to do this doesn't really work. I mean, the experience from which I speak might be actually watching you suck the aforementioned shit pile. Or it might be with other shitsuckers like you. I realize you meant, takes one to know one, or something like that. But all you've proved is that you're a shitsucker.
    Once again. Oh, and there's 1 R is shitsucker.

  40. Re:Hear is spelled with an "a" by Psiren · · Score: 1

    Wierd... I drive past that school on my way to work. And yes, you're probably right about the lack of education. Still annoys the hell out of me though.

    "Some smegger's filled in this 'Have You Got A Good Memory?' quiz!"

  41. Re: "stooping to their level" by wowbagger · · Score: 2
    The danger to this mindset is that many people leap before they look. Consider this scenario:


    Someone steals your car, takes a joyride, and leaves in parked out in front of my house. You find your car, knock on my door, and beat me up.


    The reason society discourages undo response to a crime is that some people won't check, recheck and check again the "facts" before acting.


    I'm all for a citizen stopping a crime in progress (try breaking into my home whilst I'm there, and you'll be given a very good demonstration of my belief), but if the immediate threat is over, then we should use due deliberation before action. After all, once you've beaten somebody up, you cannot "unbeat them down".


    And besides, you never know if the person you are about to beat up is tougher and better trained than you.

  42. legal loophole by drdanny · · Score: 3
    I just loved the line halfway down the Mercury News article where it states:

    "On Thursday, the state Department of Corporations said the law doesn't apply to Microsoft."

    How apt!

    _____________
    "The Law, in its majestic equality, forbids the rich, as well as the poor, to sleep under the bridges, to beg in the streets, and to steal bread." -- Anatole France

  43. Why is Slashdot encouraging rip offs? by cruise · · Score: 2

    I don't like microsoft any more than the next guy but why would anyone encourage another person to rip them off. It's just wrong. Not to mention you've taken a deal which can help the financially challenged get a computer and come into the information age, even if not a day late (and a dollar [400 shorter now] short).

    Must be that fine christian upbringing CmdrTaco has.

    Somehow, I don't think God would approve.


    They are a threat to free speech and must be silenced! - Andrea Chen

    1. Re:Why is Slashdot encouraging rip offs? by Robert+Wilde · · Score: 1

      I don't like microsoft any more than the next guy but why would anyone encourage another person to rip them off. It's just wrong. Not to mention you've taken a deal which can help the financially challenged get a computer and come into the information age, even if not a day late (and a dollar [400 shorter now] short).

      Where's the rip off? In forcing MS to obey the law? Microsoft is offering $400 to users to try MSN. They knew that to do this in California and Oregon they way they wanted to (calling the rebate a loan to incur financial reporting advantages to themselves), they could not prevent consumers from cancelling MSN.

      The corporation made a calculated bet that the advantage to them was greater than the loss of those cancelling MSN before the $400 was made back. They didn't understand the networking effects of the Internet, and they lost. Fair and square, nothing illegal or unethical unless you used the rebate twice or are an MSN customer.

      On your second point, it helps the "financially challenged" to have this deal suspended. These are normally sucker rebates, and cost the clueless computer buyer money rather than saving him or her $400.

    2. Re:Why is Slashdot encouraging rip offs? by bmetzler · · Score: 2
      Not to mention you've taken a deal which can help the financially challenged get a computer and come into the information age, even if not a day late

      No the rebated was a scam, duping unsuspecting consumers into paying way to much, for way to long, for way to slow, internet access. What happens in a year when the consumers find out about Cable Modems, but can't get them because they are still locked into MSN. Will they be happy then? How does that help people get into the internet age?

      No, if consumers really want to get on the internet, they'd pay $400 *now* for a PC and then use NetZero.

      -Brent
    3. Re:Why is Slashdot encouraging rip offs? by Kris_J · · Score: 2
      Somehow, I don't think God would approve.
      Ronald McDonald also probably wouldn't approve, but I don't care what that fictional character thinks either.
    4. Re:Why is Slashdot encouraging rip offs? by Cyberllama · · Score: 1

      That is load of crap. First of all, slashdot has not encouraged anything. Some of its posters might have done so, but all that slashdot as an entity has done is to post the news that this was possible. By your logic, a story on the news about a murder is encouraging others to go out and commit murder.

      Seconldy, this deal does not help the financially challenged(your words, not mine) get a computer. The Financially challenged could just as easily put 400 dollars worth of the purchase on a credit card(and a credit card is required for signng up with MSN)and end up paying less than the near 800 dollars that 3 years of MSN would cost them. They could get internet access for free from one of many companies such as netzero(very reliable from my experience) and not have to worry about any MSN crap.

      I'll stay away from commenting on your CmdrTaco bashing(is this part of your christian upbringing?) because I sure don't want god dissaproving of me too.

  44. Re:Hear is spelled with an "a" by Psiren · · Score: 1

    Bollocks! I can spell weird. Honest! ;)

    "Some smegger's filled in this 'Have You Got A Good Memory?' quiz!"

  45. Re:Hear is spelled with an "a" by Troll_Hunter · · Score: 1
    Wow. Has it changed much in the past 30 years or so?

    And do the older kids (first year for A levels) still have to wear a black jacket (excuse me, charcoal) and trousers, with a blue shirt, and a purple and black tie?

    With all the younger kids in grey shorts, (god that must be cold in winter!) with beanie caps.

    sorry, I realize you probably don't know, and could care less..

  46. Re:Hear is spelled with an "a" by Psiren · · Score: 1

    I remember seeing blue shirts. Can't say I paid much attention the rest. Far more interested in the girlies myself... ;)

    "Some smegger's filled in this 'Have You Got A Good Memory?' quiz!"

  47. CD Clubs by pulski · · Score: 2

    This reminds me of a plan that some friends of mine used to get free CD's. You are probably familiar with BMG's offer of a 11 or 12 of CD's for the price of one. Well you get the first 7 for free (plus shipping) and then you have to buy 1 cd in the next year, at which time you get 3 or 4 more free cd's. Well, some friends of mine got the idea that they couldn't be held liable to a contract because you aren't supposed to enter into a contract with a minor. Essentially, they would take their CD's, and when they got a message about payment, they would return a jovial reply to the affect of, in different words mind you, screw you guys. I'm under 18. Have a nice day. Believe it or not, this actually worked. It's completely morally and ethically wrong but it just goes to show you that companies need to plan better for things like this.

    -----

    1. Re:CD Clubs by vectro · · Score: 1

      IANAL, but my dad is, and I have spoken with him at length on this topic.

      Essentially, your friend is wrong and Colombia House dosen't know it. Yes, you can void the contract. No, that does not mean you can keep the CDs - you would still have to return them.

    2. Re:CD Clubs by prizog · · Score: 1

      I've actually been to one of their meetings. I hate to say it, but the bible is male-supremacist. "the male is the head of the home" is a statement that males should be treated in some way differently to, even preferentially to, females. And if you talk about separate spheres, then you're not even worth my time. Separate byt equal never works, not only because it's not equal, but because I want to be able to wash dishes and I don't want to be the head of my house. The bible is sexist, the promise keepers are about the bible, and they are sexist.

      BTW, I think that feminist groups and poetry meetings that don't let men in are sexist and wrong too.

  48. Re:Hear is spelled with an "a" by Troll_Hunter · · Score: 1
    Those (girlies) were completely absent when I was there..

    All boys school, then. :(

    Happily, English girls in general were much more "friendly" for their age than the puritan american variety. 8)

  49. You're not just screwing Microsoft by flatrock · · Score: 2

    When you screw Microsoft it's not just BIll Gates you're screwing. Microsoft is a publicly held company. It's part of most of the Mutual Funds most people can choose from in their 401K plans. So I'd like to point out that a lot of morally lacking people just legally stole money from the retirement funds of millions of individuals. Justify it however you please, taking advantage of this reduces you to the level of an ambulance chaseing lawyer.

    1. Re:You're not just screwing Microsoft by barleyguy · · Score: 1

      Of course, as an individual, you can choose NOT to invest in a mutual fund with Microsoft, and NOT to buy Microsoft stock. I have personally made both of these choices and I still say fuckem.

      --
      --- "So THAT's what an invisible barrier looks like!" - Time Bandits
  50. MS didn't see the last of this by gotan · · Score: 3

    Another news that microsoft might soon learn is, that the loophole wasn't only good for ripping off $400 but also gives customers who participated in the program a cheap way out and thus an opportunity to rethink the deal. If they still think it was a good one they can even cancel the old contract and do it a second time (they even get a 'fairer' contract that way :-) ).

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  51. Re:Hear is spelled with an "a" by Psiren · · Score: 1

    Damn. Walked straight into that one huh? ;)

    "Some smegger's filled in this 'Have You Got A Good Memory?' quiz!"

  52. An Answer by jd · · Score: 2
    First, Microsoft went into this with their eyes open. They knew the risks, they weighed the odds. "You pays your money, you takes your choice."

    Second, nobody forced Microsoft to offer the deal in these two States in the first place. They did so of their own free will. If people choose to take them at their word, AND make a few bucks off it, it's a little harsh to blame the customer.

    Last, but not least, there's this quote from the article: "[T]he state Department of Corporations said the law doesn't apply to Microsoft". There are a number of ways to read this, but after the Refund Day fiasco and the "Finding of Fact" in the DoJ case, none of them are terribly favourable to the Redmond crowd.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  53. That's the sound of someone getting fired... by Mr_Plow · · Score: 3

    Unlike customers in most states, residents of California and Oregon were allowed to cancel the $21.95-a-month subscription and still keep the $400 because Microsoft believed that state laws required penalty-free cancellation.

    After California officials said Thursday that Microsoft misunderstood the law, the company decided to temporarily suspend the program, effective today. The suspension comes despite Best Buy advertisements that say it will continue through Feb. 29 and Office Depot ads that say it will continue until March 31.

    ------------------------------------------------ ----------

    1. Re:That's the sound of someone getting fired... by mindstrm · · Score: 2

      As I read it, it's not because state laws require penalty free cancellation, but because giving the consumer $400, but requiring them to RETURN it unless they hold out their full MSN contract to the end make sthat $400 *GIFT* become a $400 consumer LOAN, and in California, it is illegal to tie a loan into the purchase of a product or service. You can't lend someone money on the condition that they use your bank for savings, etc...

      In effect, it would have been a $400 loan, and the repayment terms would have been a 3 year subscription to MSN.

  54. Mental Anguish Factor by Greyfox · · Score: 2
    Yesterday I'd say I had about $400 worth of mental anguish trying to get Win98 to play nice with 3 other OSes at work for a workstation that I'll have some off site developers using for the next 3 weeks. Nevermind the millions of dollars worth of mental anguish I've suffered at the hands of their software in the past.

    If I were to put a pricetag on the total amount of mental anguish Microsoft has caused me in the course of my career, I'd say between 4 and 6 million dollars. Several hundred thousand of that having gone toward antacids, pain killers and alcohol necessary to help me cope with their products. Therefore if Microsoft were to be offering a rebate for mental anguish for up to, say, $10 million, I'd only ask for $6 million. On the other hand, if I could squeeze $400 out of Microsoft with no strings attached, I'd feel absolutely no guilt in doing so (Unfortunately I'm not in California or Oregon.)

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  55. I think the word is 'Wrong.' by Hartford · · Score: 3

    So...

    Thousands of otherwise uninterested customers signed a clearly quid pro quo contract with every intention of breaking it, so that they could pocket $400 that Microsoft never intended to give away. Why would they do that? Because they can get away with it. In a different context, you might call it looting.

    Please, spare us all the bullshit hypothetical "what if Microsoft was handing out $400?" situations and the many clumsy metaphors that have been moderated +5. That's called justification, and it's a cheap technique to make yourself feel better.

    You're cashing in on a technical blooper for your own personal advancement -- frankly, opportunism and exploitation are not becoming of Slashdot. If you just get off on sticking it to The Man, go deface a website or something.

    My distaste for Microsoft's strong-arm tactics is as strong as the next guy's, but it's a little hard to take the moral high ground when you're fucking your best friend's wife.

    1. Re:I think the word is 'Wrong.' by mindstrm · · Score: 2

      No. If the contract clearly states that you can cancel it at any time, without penalty, then that is what you are doing. Signing it and breaking it.

      Quid pro quo? gimme a break. MS is never that up front anyway......

  56. I'm glad someone got the joke. by Great+Gatsby · · Score: 1
    Yes, I did mean to have that error, and I'm glad my fellow slashdotians caught on quickly.

    --
    404 File Not Found The requested .sig was not found on this server.
  57. Is it moral? by Omnifarious · · Score: 1

    I think of it as a form of vigilante justice. Sometimes, that's the only kind of justice you can get, especially when your opponent has billions of dollars to spend on lawyers.

    As for shooting Bill Gates... I don't think I would, even if I were allowed. However I count up the damages inflicted on me, none of them include 'loss of life or limb'. Even the strictest of rules, the eye for an eye rule, dictates that such an action would be unjust.

    I think the person who used corporate speak justification had it exactly right. When corporations learn to play by rules of morality as well as the written ones, then I will also play by those rules in dealing with them.

    1. Re:Is it moral? by Kris_J · · Score: 1

      Vigilante justice = Mindless Vengence. Don't get me wrong, I'm still in favour of it, you just can't claim the moral high ground.

  58. stock market similarities by Firehawk · · Score: 1

    You say If you didn't get your free money, let it go and move on

    Occasionally, funny orders are placed in the stock market by people accidentally keying in the wrong orders. In most cases, if the trade goes through and the result doesn't bankrupt the system, the stock market usually allows the trade and forces the *ahem* sucker to pay up.

    If I, having not been told about a mispriced monitor on buy.com, browsed their site and went "aha! what a bargain!" and ordered a monitor that subsequently didn't arrive because of a pricing mistake, I would be majorly pissed off. IANAL but I would dare say buy.com could be forced in court to honour the transaction.


  59. Curious concept of morality by Robert+Link · · Score: 3
    So, then, if you found a rare and valuable collectors' item at a rummage sale for a pittance, do you feel you would be morally obligated to inform the owner of its true value? What if you bought it at the stated price and the owner later came asking for it back (offering a refund of the purchase price, of course) because he had found out its true value? What if neither you nor the seller knew about its true value until after the deal was done?


    The generally agreed upon morality surrounding making a consensual deal between two parties of roughly equal power is that it is each party's responsibility to look out for its own interests; you don't owe it to the other guy to tell him he's making a bad deal. Now, when one party is more powerful than the other, the moral issue may be more complicated by the possibility of the strong party coercing the weak party into making a bad deal (and as I read the explanation, this was precisely the reason for the CA and OR laws prohibiting tying a loan to purchasing a service in the first place), but in this case Microsoft is clearly the strong party, so I don't think those issues apply here.


    At the end of the day, Microsoft made one kind of deal (i.e., handing out $400 with no strings attatched in OR and CA), and it wanted to pretend it had made another (i.e., buying 3 years of MSN was required). A theory of morality in which the moral position of taking advantage of the deal they actually made is comparable to the moral position of murdering someone and getting away with it through a legal loophole is at best peculiar, and certainly not in line with the generally accepted theory.


    -r

    1. Re:Curious concept of morality by Benjamin+Shniper · · Score: 2

      This is the best response to my very philosophical stance I have read. I understand you have not only put thought and work into your response (buying something for less than its value != legalized theft) but you have brought up a much more relavent example than my somewhat outlandish "murder" example.

      For those who responded harshly to this extreme example, let me say for the record that my "murder" example did not involve any self-defense issues; any crime and punishment issues, or whether or how exactly the person was bad. The murderred party could just have been someone you didn't like (hence the "Bill Gates", who is unpopular here, perhaps unfairly so.)

      Obviously, standard business logic dictates then when faced with buying a "diamond in the rough" you do not start by explaining to the merchant what you think it is worth. You could be wrong, after all, and the merchant could fail to inform you so. In a perfect world, this situation could never occur - everyone would clearly know the relative values of everything around them and everything would be commodity priced (perhaps with small fees attached for delivery or the sale itself, since otherwise no seller would have an incentive to sell something in their posession.)

      This is the stuff of Economics 101, and obviously it doesn't work that way in the real or virtual world (especially E-bay). So, then, you may be right, screw 'em cause they didn't check their lawbooks enough may be the order of the day; but remember... this sets a general precedent, not an incident. From now on, every agreement must now be cross-checked across every state, county, township, national, international, provincial law, or else. So those advocating this idiotic notion that it is "fair" WILL be screwed over by a company like Microsoft, and they WILL lose their money in just so fair a way.

      -Ben

  60. That's stupid by Zico · · Score: 1

    Nobody says that you have to take part in those deals. For the people who want to, it is a great deal. If they're going to be paying 20 bucks a month for an ISP anyway, which millions have been doing for years now, what's wrong with getting 400 dollars back?

    Maybe you could also call up all the fast food joints and tell them to stop selling the items that "g0deatr" doesn't like. If it's not good for g0deatr, it can't be good for anyone.

    Cheers,
    ZicoKnows@hotmail.com

    1. Re:That's stupid by cgori · · Score: 1

      Well, not exactly. What I find annoying is when you go to a store like Fry's and look at the price placards in front of the laptops thinking "Wow that is a kick-ass deal" only to get within 10cm of it and find out that they have "pre-applied" the $400 Compuserve/AOL/MSN credit and stuck that price up in 72-point bold font. Once you add the $400 back on, they are usually $150-$200 over the lowball internet-retailer prices.

      Ahh... Fry's.

  61. Re:I would shoot Bill Gates by Robert+S+Gormley · · Score: 2
    You are truly sad and warped. Pray tell why the fuck you'd feel justified in doing so?

    Because he (in your opinion) overcharges for software which (again, in your opinion) might be flawed?

    Come and join us on planet earth some day.

    --

    Open Source. Closed Minds. We are Slashdot.

  62. There is NOTHING immoral about it by ry4an · · Score: 1

    Microsoft pays a fleet (school?) of laywers a great deal of money to make sure that their contracts are valid in the jurisdictions where they are offered. Ensuring that a hole like this doesn't happen is the job of those lawyers and the nature of contracts.

    Now he lawyers messed up and the company looses some money. Next time the company will be more careful and will hire betters laywers. Business is one of that truely Darwinian environments -- Businesses that do poor business go out of business.

  63. Evil dialup proviers taking blood by drenehtsral · · Score: 2

    I personally think these rebates from dialup providers (MSN, Compuserve, etc...)when you sign up for a 3 year contract are immoral. They are designed to take advantage of short-sigted or uninformed users.
    Here's what I see happening. Within a year, broadband will be almost universal, and web pages will start getting more bloated. These people stuck in these contracts have three choices: Keep using dialup (may become impossible soon due to bloat), pay back the money (they may not be able to afford that upfront, because the people who buy a computer because they can get $400 off for signing up are the people who can't afford one otherwise). The third choice is they keep paying for the dialup but don't use it.
    In all three scenarios the dialup provider wins. If the customer keeps paying, but uses the service less or not at all, they can keep fewer modems up, and still take the same gross income. If they use the service for the contract, it extends a dying business for another 3 years, which is plenty of time to take profits and get out for the big companies. If the customer pays back the sum and cancels, for whatever duration the customer had the service, they were paying something above prime rate on the "rebate" and the company still makes out like a bandit.
    These rebates, no matter how they are handled, cost the customer far more than they gain. If a big company does something, it is done for just one reason, to make money. Sometimes directly, and sometimes not, but all the same, the bottom line is the motivator.

    --

    ---
    Play Six Pack Man. I
  64. Re:to microsoft by JasonVergo · · Score: 1

    LOL with tears in eyes

  65. Re:Can anyone say, PR stunt? by anagram · · Score: 1

    let me get this straight..you're saying Bill Gates researches obscure state laws and finds that if he words his promotional offer in such a way that it is a loan, he will give residents of two states an opportunity to screw him. "Bingo! What a great public relations manuver!" says Bill, when he could just use the money for a straightforward PR stunt like W2K giveaways or something?

    Do you think anyone is looking at microsoft in a positive light because of this "PR stunt"? Everyone I know is saying how stupid microsoft is and how insane our legal system is.

  66. Professionalism? Fuck that! by drenehtsral · · Score: 1

    Hey, you know, some people are more concerned about the information being presented than the "professionalism". Does it really mean that much to you that everything look prim and proper, and if so, who exactly are you trying to impress with this professionalism? Who do you need to prove this to?

    This site is for geeks and by geeks, and anybody who feels so strongly about grammar and spelling might as well go hang out in alt.prissy.poser.nag


    Seriously though, does it really matter? Personally i don't feel i've got to impress anybody, and i don't think slashdot should need to prove it's professionalism to anybody.

    --

    ---
    Play Six Pack Man. I
    1. Re:Professionalism? Fuck that! by Chip+Stillmore · · Score: 1

      You need to relax.

      This site is a "business" now. It's been bought, if you hadn't heard. It should act like one.

  67. Re: "stooping to their level" by Jon_S · · Score: 1

    For the sake of argument, lets say I agree with your reasoning. However, your argument would only apply to someone who bought a computer preinstalled with Windows and immediately reformated and installed another operating system. Are there lots of people like that out there? Yes (although I've kept a windows partition on every linux box I have running, personally). Do you think this describes most of the people waiting in line at Best Buy to get their "free" DVD player? I don't think so.

  68. The money is burning holes in pockets.. by CosmicSheep · · Score: 1
    'Mmm. Goody goody goody. $400 dollars better off..and what shall I spend it on?

    [Notices shelves full of bright boxes]

    Microsoft software! Visual Basic Std.Ed., and other 'computer-enhancing' packages, and even a copy of BOB left all alone in the bargain bin here. Aww. Cashier? How much is all that going to cost me?'

    A bit like being in a casino. Make a small win, and you are encourage to spend it the same place. If MS has a stockpile of discounted software two feet from the till, then they could be sure of some people paying it straight back, and perhaps with some of their money as well!

    Being an happily ex-salesperson (I couldn't stand the morally bankrupt ways I was encouraged to sell things), you would be surprised how effectively that works...

  69. Re:Hear is spelled with an "a" by julest · · Score: 1

    IIRC, 6th form uniform was either a Blazer (in fetching purple and black stripes) or jacket (black, or herring-bone grey and black). Black or grey trousers, purple and black striped tie, brown or black shoes (no trainers, etc). Saturdays, of course, you were allowed to come in 'own clothes', providing they weren't too outrageous (as if saturday school wasn't outrageous enough *grin*).

    Shorts were allowed in Summer, as were blue aretex short-sleeved shirts, I believe (for younger kids too). The fetching purple-and-black beanie style cap was pretty much optional.

    Of course... it's never quite that simple. Monday afternoons were CCF (Combined Cadet Force), or Community Service days, so a good half of the 5th & 6th years could usually be seen strolling around the place in Army fatigues, RAF uniforms, or the oh-so-fetching Navy boy garb ;)

    I hear they even let girlies in the 6th form, nowadays. Wonders never cease.

    Oh... those were the days... but it surprises the hell out of me that I'd hear the place mentioned on /.

    -- Jules

  70. Re:It's just how MS thinks. by whoosp · · Score: 1

    ...You don't think that microsoft noticed the number of signups and immediate cancellations and realized that indeed, people *were* taking advantage of their offer? That's not even a teensy tiny possibility in your eye?

    I believe the existence of two completely different contracts in the beginning proves that microsoft was well aware of the details and their consequences, but they had faith that people wouldn't abuse it (silly people). All they ever had to do was say "offer void in california and oregon", or make it a rebate.

  71. A record for M$ by Platinum+Dragon · · Score: 1

    I will say this...

    This is probably the fastest Micro$oft has fixed a hole in history.

    --

    Someday, you're going to die. Get over it.
  72. How about the $400 MicroCenter/ETRADE deal... by porges · · Score: 1

    You can get $400 worth of free stuff at MicroCenter, IF you have another $1000 you're willing to invest in ETRADE stuff.

    The deal, extended through the end of January, is this: you buy $400 worth of stuff of MicroCenter. At checkout time you ask for the ETRADE deal. They give you a special application form, and you open an account at ETRADE for $1000 or more. You can put that money into anything you want, including any mutual or money-market fund.

    A couple of months later (after they've verified that you haven't returned all your MicroCenter stuff), they give you a $400 ETRADE credit. Unless I've misread the info, you can't lose.

    One more caveat: you must keep the ETRADE account for one year. New accounts only. Gee, I sound like a spam, but I'm not.

    1. Re:How about the $400 MicroCenter/ETRADE deal... by slomo1k · · Score: 1

      You can do this also do this at www.myfavoritepc.com and www.mei-microcenter.com

    2. Re:How about the $400 MicroCenter/ETRADE deal... by porges · · Score: 1

      Indeed. Note that myfavoritepc.com requires you to buy an actual computer or monitor; the MicroCenter online deal, like the in-store deal, can be applied to any $400 worth of stuff you happen to want.

  73. Spare us the guilt trips, Grandma. by Wakko+Warner · · Score: 2
    Please. Soon you'll be saying that anything bad that happens to Microsoft is hurting anyone else with MSFT stock in their mutual fund. What a sleazy way to win over people by playing up emotion instead of reason.

    The bottom line is this deal was legitimate and people took advantage of it. I'd have done the same thing if I lived in California or Oregon, and don't consider myself worse-off, morally, for saying so.

    On a somewhat related note, however, I'm starting to question the morality and intelligence of all those that are asking "would you do this if it was RedHat offering the rebate?" Since money is money, I certainly would accept the $400 offered, and I don't see how appealing to my love of Linux versus my dislike of Microsoft would have anything to do with that.

    - A.P.
    --


    "One World, one Web, one Program" - Microsoft promotional ad

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  74. Is it legal to reverse the offer? by KillBot · · Score: 1

    I am, as of this very moment, kicking myself for not running out and taking advantage of this sooner. I held off because they said the offer was valid until march 31. Can they do that? They specifially advertised to me that I could do this, and now they won't. Like someone commented on the first story about how he got a better computer becasue the ad didn't mention limited quantites and they were out of stock on the advertised one.

    As for the moral issue, I figure microsoft owes me for all the time I wasted fixing stupid windows problems, deleting 4 of my 5 com1's, etc. When I worked tech support, I would curse these problems and dream about how I could solve most of them with either modprobe of ifconfig. I want BLOOD! err... um, I mean MONEY!

  75. A spellchecker wouldn't help "here" by festers · · Score: 1

    Think a little..."here" is spelled fine if you are talking about a place. Grammar checkers might catch the mistake, but what really needs to happen is that people slow down and re-read/re-think their post before they send it, including yourself.


    --------

    --


    -------
    "Every artist is a cannibal, every poet is a thief."
  76. Buy.com's monitor mishap by Radnor · · Score: 1
    Buy.com had this clause in their terms of service agreement:
    "Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BUY.COM reserves the right at any time after receipt of your order to accept or decline your order for any reason."
    I assume this effectively protects them from being sued for not filling out people's orders. Now they even have a clause for typographical errors!
  77. Morality isn't a science by DragonHawk · · Score: 2

    "The universe is run by the complex interweaving of three elements: energy, matter, and enlightened self-interest."
    -- G'Kar in TV's Babylon 5

    To me, taking advantage of a $400 screwup in a company worth billions, which has regarlly ignored any and all pretense of the law in squashing competition, and makes my life a living hell from time to time, sounds just fine.

    Morality isn't a science. It doesn't come down to rules like "The end doesn't justify the means" (as a friend of mine once said, very often the end is part of the means) or "Two wrongs don't make a right" (that would invalidate all forms of punishment). I can't give you a logic proof, but I do not see one damn thing wrong with giving Microsoft back a little of what they've happily dished out in the past.

    Consider it payment on a loan.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  78. Are -you- gonna take it back?... by [marathon] · · Score: 1

    So Microsoft has pulled the plug on the program. A lot of people (including a few that I know) scored big on the program with new monitors, video cards, hard drives, memory, etc., etc.

    If Microsoft puts out a press release tomorrow stating all who signed one of these MSN Instant Rebate deals must take their "purchases" back, who is really going to do it? They had a -valid legal agreement- with Microsoft. (Yes, I have seen this contract for myself and read the one page form that is signed and returned.) They agreed that for $400 instant credit at these retailers, they would -try- MSN for three years. It also explicitly said that there was no charge or damages incurred for canceling early. So, legally, I would say that Microsoft would end up with a big class action lawsuit on their hands for violating all these contracts.

    The other question I have is, if you saw this come to your state, why wouldn't you take advantage of this deal? Is it a "loophole" that places moral beliefs in question? Of course not. It's legal from beginning to end and wasn't even a loophole. It was clearly stated what everyone was receiving on both sides of the fence. Just because Microsoft didn't think this through, does that mean you should be looking out for their best intrest? I myself would say, "Hell no. Gimme that TV."

    It's legal high tech looting ;)


    --
    Failure isn't falling. Failure is staying down.
  79. murder by ArchieBunker · · Score: 1

    I am justified in killing someone in self defense if I fear for my life. Would you shoot some knife wielding guy that breaks into your house at 3am? I would.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  80. Re:Hear is spelled with an a by dTd · · Score: 1

    I find the concept of sports starts as heros a major
    failing of society in the US today. With physical ability the prime
    factor neede for exelling in a sport, some children may never
    realize theur dreams and suffer from low self esteem. Considering
    themselves as failures in a world where a score of 65 in a
    basketball game earns more publicity than a scientific. This is
    indeed a sad affair.

    --
    /dTd
  81. Microsoft's truck got hit by a bigger truck by A+nonymous+Coward · · Score: 2

    M$ is famous for their legalistic outlook on everything. I would bet beans to bullets some bright light in Redmond saw an opportunity to get a tax-writeoff if they framed this rebate differently. Their forms show they knew they were at risk in CA and OR. So they knew exactly what could happen; they must have assumed there was some advantage to trying a different kind of rebate from everyone else.

    In other words, they were trying to drive their usual truck thru some legal loophole, and hoping they could get away with it.

    Too bad for them that the net found a bigger truck, in the form of smart consumers out for a bargain.

    I have no sympathy for M$ here. The law has no morals. M$ was out to screw the system thru a loophole and got out-screwed. Too bad, so sad.

    --

    1. Re:Microsoft's truck got hit by a bigger truck by dillon_rinker · · Score: 2

      Their forms show they knew they were at risk in CA and OR.

      REALLY...that's fascinating. Would you mind posting the relevant bits of the form? I've not ever seen their rebate forms. I'd suggest posting it as a reply to the main part of the story. Some (more?) actual evidence of MS's stupidity would be worth showing everyone.

  82. $400 Rebate - Conspiracy? by Eminenz · · Score: 1

    This little topic was brought up on a message board I was at yesterday. The fact is that in order to get the $400 MSN instant rebate at Best Buy you had to give them your Social Security number with your credit card. I don't know the last time anyone was asked to give their SS when purchasing anything. This might have been a safety precaution but MS could stab you back with this info. Wouldn't that kind of info be more valuable to them than a mere $400? I think this is going to back fire on a lot of people in the near future. I'm kind of glad I didn't take part in this madness.

  83. Re:to microsoft by Loath · · Score: 1

    Same here!

    --

    .sig not found...formatting hard drive.

  84. Re:It's just how MS thinks. by whoosp · · Score: 1

    I'm guessing they wrote it as a loan in the first place so that people would be willing to do it since they get the money off *at* the store. Rebates can take 2-3 months to get your money back.

  85. Basically MS pay you to try out their services... by Annamite · · Score: 1

    just that they are paying an obscene amount of money for it.

    Many of you are debating morality and ethics and what-nots. But I see this scenario is the same one as the long distance telephone companies offered a while ago in the US. MCI, AT&T and Sprint sent out millions of checks of amounts from USD $20.00-150.00 just to convince people to switch to their plans. There WAS no debate of morality or ethics then (at least to my knowledge) when people jumped Jumping from one long distance carrier to the next one to take advantage of the deal. Cashing out those checks DID cost the companies some money. The competition was so fierce that the cost did not mean much and they littered my mail boxes with checks ;-) Did any moral customer lose any slepep then? Moooooo-rality

    Now Microsoft basically wants you to test out their MSN service since they can not convince people to click on that icon on their win98 desktop. Well duh, it is going to cost MS 400 bucks to get my name, address, credit card number and SSN. Obviously about 10,000 people have bitten, including yours truly. :P~~

    Morality, Moooooo-rality

    Da GooFie
    goofie at bluelight dot nu

  86. GOT IT!!! by mistabobdobalina · · Score: 1

    nice new emachine celeron 400 with DVD!

    thanks, bill.

    --
    -- your knees hurt, don't they?
  87. Both Buyer and Seller Beware by LoveBear · · Score: 1

    Most people have heard the phrase, "caveat emptor", usually translated as "let the buyer beware". What most don't realize is that the same applies equally to the seller.

    Yes, a lot of people went out with the express purpose of taking advantage of Microsoft's slip-up. Consider, however, that it was Microsoft's slip-up. If you're going to sell something, and you ask a price far below the item's fair market value, and you wind up with six hundred people all demanding the right to buy it as advertized, it's too late for you to go back and fix the price. By advertizing, you've implicitly created a contract to sell at the stated price, and if you refuse to do so when a customer comes in with legal tender, you're breaking the law.

    Microsoft had ample opportunity to check with legal experts in California and Oregon on whether or not they had the right to expect back their $400 should someone choose to sign up for MSN with the intent of cancelling it. Now, if they did check, and someone told them that yes, they couldn't get their money back, then it's the fault of the person that gave them incorrect advice. However; if they didn't check; or they checked, got told they could ask for their money back, and then worded the fine print as they did "just in case", it's their own fault that they got bilked.

    Anyone remember the military jets that Pepsi had to give away? For those that don't, Pepsi had a promotional deal called PepsiPoints for a while, with the slogan, "Buy Pepsi, Get Stuff". While this ran, they aired a television commercial showing off several items that one could get free from Pepsi by cashing in a certain number of points. One of the items shown was, I believe, an F-16, listed as "700 Million Points". Two trading conglomerates immediately began buying PepsiPoints and accepting donations in order to acquire the jets. Ultimately, Pepsi had to contract with McDonald Douglas to build non-security-violating versions of the aircraft in order to legally uphold their end of the bargain when one of the trading groups actually succeeded in accumulating the 700 million PepsiPoints.

    A similar incident occured when Burma-Shave, many many years ago, advertized on the side of the road, "Free! Free!/A Trip To Mars!/For 900/Empty Jars!/Burma-Shave". One dedicated couple actually acquired 900 empty jars and took them to Burma-Shave for their trip to the Red Planet. It was only then that the company realized it had to honor its side of the bargain. In the end, they agreed to send the couple on a trip to Mars, Germany, I believe, but they did have to honor their implicit contract.

    Microsoft made a mistake when it advertized what it did, yes. I don't dispute that. This does not mean that the people who showed up to take advantage of Microsoft's error are in the wrong for so doing. The mistake is Microsoft's, not that of those who managed to get a good deal.

  88. Re:A service to Mankind by spectecjr · · Score: 2

    Pity you Anonymous Cowards don't have the stones to stand behind your comments.

    Oh yeah - probably because it'd get you in trouble with the police. Deary me.

    People like you should get out of the gene pool before you piss in it and make it stink for the rest of us.

    Simon

    --
    Coming soon - pyrogyra
  89. No, please don't by BlueUnderwear · · Score: 1

    ... the sicko perverts might actually enjoy it.

    --
    Say no to software patents.
  90. And as a fundmanager... by BlueUnderwear · · Score: 1

    ...you can chose not to invest in a risky company such as Microsoft. If Microsoft turns sour, it's you, the fundmanager, who screwed your own customers. It's not MSFT's ennemies nor MSFT's competitors faults. After all, by now it should be public knowledge that MSFT isn't loved by everybody, and astute fund manager should take that fact into account in their risk calculations.

    --
    Say no to software patents.
  91. Actually, we did accept Red Hat's money, and it... by BlueUnderwear · · Score: 1

    ...was not just a paltry $400. No, at current valuations it's more like 100K. And people were litterally falling over each other last summer to get it. So, your hypothetical example already has happened, and the vast majority of people who could decided to take the money.

    --
    Say no to software patents.
  92. They got their tax writeoff! by BlueUnderwear · · Score: 1
    I would bet beans to bullets some bright light in Redmond saw an opportunity to get a tax-writeoff if they framed this rebate differently.

    Well, technically, due to the loss that this caused to them, methinks they'll get their tax writeoff...

    --
    Say no to software patents.
  93. what the puck are they doing to Sun's Java license by Locutus · · Score: 1

    Sorry for the intensity but this is Microsoft we're talking about. They have put large amounts of effort on licensing contracts made with "partners" to be sure they have holes in them so MSFT can benefit. This is a small, very small, payback. I'm only sorry I didn't get down to the store quick enough to take advantage of it. I'll have to wait another day for a chance to screw MSFT back.

    Locutus

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  94. Re: "stooping to their level" by Dave+Walker · · Score: 1

    Where are the Grammar Police when you need them?

    ...undo...
    %s/o/ue

  95. Any your point is? by Nathaniel · · Score: 2
    ... Microsoft is a publicly held company. ... stole money ... milllions of individuals ...

    Yeah, so what? If MSFT were to become a penny stock tomorrow the world would keep turning. If any Mutual Fund is so heavily invested in MSFT that the fund is dependant on MSFT doing well then the managers of that fund aren't doing their job. If an individual investor is betting everything they have on MSFT, they get what they get. It's been good for a while, but they should know by now that past perforance does not guarantee future success.

    If that's the best arguement you can come up with, don't bother posting.

    The reason MS canceled the offer instead of sueing a bunch of people is that they realized they were offering a deal which was better for the customer than for MS, at least in CA and OR.

  96. It was just a good deal. by Nathaniel · · Score: 2
    Your arguement seems to be that accepting a deal which favors you more than the other guy is unethical, or becomes unethical if the deal is sufficently unbalanced.

    People make unbalanced deals all the time. Ideally each party thinks they are getting a slightly better deal than the other guy. Nothing wrong with that, right?

    Other times one party thinks they are getting a really good deal and the other party thinks they are getting a good enough deal to go ahead with the trade. That seems to be what was happening. Then MS realized they were loosing money and stopped offering the deal.

    Sometimes people will point out that a deal is unfair instead of taking advantage of it, but there is no ethical obligation to do so. It's just that sometimes people are nice to one another. This seems to happen more often between strangers or people who have had what they consider to be good trades with the other party. Few people are sympathic to MS. Bummer for MS. Next time they should do more homework.

  97. Too funny... by Kukuman · · Score: 1

    I live in Southern Oregon(Meth, err, Medford to be exact). This stuff is ALL OVER the place here. Buy a $500 computer, send in the rebate, so now it's a $100 Celery 333 with a 66 MHz bus, 32 MB RAM, and an "AGP" 8 MB Video Card that for all we know is probably 64-bit. Medford's full of dumb-asses when it comes to computers though, so lots of people buy this stuff.

  98. Re:Pepsi did NOT give away jets! by LoveBear · · Score: 1

    Alright, I was mistaken there. I know the Burma-Shave one is correct because it's well-documented in their book, "The Verse by the Side of the Road". The point I made in my original post still stands: Microsoft erred in its advertizement. Taking advantage of that error is neither a crime nor a moral failure.

  99. right and wrong by BagMan2 · · Score: 1

    I have my own moral system and don't rely on the law/government to tell me what is right and wrong. Just because you can get away with something or the goverment says it's legal doesn't make it right. There are countless things that are legal that I personally find morally reprehensible.

    You really have to ask yourself why bother being moral at all? I mean, if nobody is going to punish you for doing something, then why have reservations about doing it? I can go knock-up a half dozen chicks and walk away from it and the law won't do anything about it, that doesn't mean it's right.

    I don't do that because I have self-respect and respect for others. Not robbing a bank doesn't constitute being a moral person. Turning in a wallet full of cash you found in a parking lot does. Who you really are is best defined by what you do when nobody is looking.

    We all judge people by their actions. I try to avoid doing things that would cause others to judge me harshly. No matter how you slice it, if you take advantage of something like this, you will lose credibility in my eyes.

    If I spill hot coffee in my lap, I don't sue McDonalds just because I can. Why? Because it's below me, I think it is wrong. It doesn't matter if everybody else thinks it is ok...I have to answer to myself. I have little respect for those who feel it's morally right to take advantage of Microsoft and I wouldn't be bragging about it when you come to my company looking for a job.

  100. Re:Slashdot does harm... by sxyzzx · · Score: 1

    I imagine more people heard about it from the San Jose Mercury News than from Slashdot.

  101. Official Press Release by Zach+Baker · · Score: 2

    There's a press release on the Microsoft site now. It's also a publicity loss for them -- those who took advantage of the deal mostly loathed Microsoft to begin with, and I'm already seeing the resentment from those who missed out.

  102. Okey Dokey -- this from Office Max by A+nonymous+Coward · · Score: 2

    Bold section is my emphasis --

    You are not obligated to continue as an MSN Internet Access member for any particular length of time; however, if for any reason whatsoever you do not continue for the period of time associated with the rebate that you have elected to receive, you agree that you will repay MSN the amount of the rebate immediately upon termination or cancellation of your MSN Internet Access account; provided that if you are a resident of California or Oregon you will not be required to repay the rebate amount.

    --

  103. Bullshit! this has nothing to do with morality. by Anonymous Coward · · Score: 1

    Please, spare us all the bullshit hypothetical "what if Microsoft was handing out $400?" situations and the many clumsy metaphors that have
    been moderated +5. That's called justification, and it's a cheap technique to make yourself feel better.


    you're absolutely right, it is a justification. i don't think a justification is required here.
    personally, i would have happily gone down to the best buy if i had time to do so last week and taken $400 of micros~1's money. gladly. unfortunately i did not have had time. in fact, i would have been happy to cost micros~1 $400 even if i had not gained financially in any way. i will happily do anything i can to put micros~1 out of business. micros~1 has done too much harm to others, especially those of us in the tech sector, to let them continue doing so unchallenged.

    if micros~1 were to change their manner of treating other people/companies, i would be happy to coexist with them in a non-confrontational manner. until then, i consider it to be a worthwhile service to society to do all i can to put micros~1 out of business.

    -----
    reflector
    posting anonymously so i can moderate this discussion.